IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 Tr.P(C).No. 71 of 2011() ------------------------ OP.10/2011 of FAMILY COURT, KANNUR .................... PETITIONER : ------------------- K.SEENA, D/O.K.KARUNAKARAN, SREE NILAYAM, PARAVOOR, THALASSERY, KANNUR DISTRICT. BY ADV. SMT.KEERTHI SOLOMON SMT.M.V.SMITHA RESPONDENT(S): --------------- PAVITHRAN KAIKANDY, S/O.KANNAN, PULLATTIL VEEDU, MAYANAD P.O., KOZHIKODE DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.71 of 2011 --------------------------------------- Dated this the 28th day of March, 2011 O R D E R The prayer made by the petitioner in this Transfer Petition is to transfer O.P.No.10 of 2011 on the file of the Family Court, Kozhikode to the Family Court, Thalassery, where M.C.No.184 of 2011 is pending. 2. The marriage between the petitioner and the respondent took place on 24.2.1999 within the jurisdiction of the Family Court, Thalassery. A girl child was born in that wedlock, who is now aged 9 years. The girl child is studying in the fourth standard in a school at Thalassery. 3. The petitioner filed M.C.No.184 of 2011 before the Family Court, Thalassery claiming maintenance from the respondent. The respondent filed O.P.No.10 of 2011 before Tr.P.(C) No.71/2011 2 the Family Court, Kozhikode against the petitioner for divorce. Both these cases are pending. 4. Though notice was served on the respondent, there is no appearance for the respondent. 5. It is stated that the petitioner is unemployed. She has to maintain her minor child, aged 9 years. It is stated that the petitioner is not in a position to travel to Kozhikode and conduct the case pending before the Family Court, Kozhikode. At any rate, the respondent has to attend the Family Court, Thalassery in M.C.No.184 of 2011. The petitioner is residing at Thalassery within the jurisdiction of the Family Court, Thalassery. 6. The Supreme Court in Sumita Singh vs. Kumar Sanjay and another (2001 (10) SCC 41), Rajwinder Kaur vs. Balwinder Singh (2003(11) SCC 726) and Mangla Patil Kale Tr.P.(C) No.71/2011 3 vs. Sanjeev Kumar Kale (2003(10) SCC 280) held that the inconvenience caused to the wife, if no transfer is made, should be taken note of. In the facts and circumstances of the case, the Transfer Petition is allowed. O.P.No.10 of 2011 pending before the Family Court, Kozhikode shall stand transferred to the Family Court, Thalassery where M.C.No.184 of 2011 is pending. The Family Court, Kozhikode shall transmit the records of the case to the Family Court, Thalassery. K.T.SANKARAN JUDGE csl