IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 Tr.P(C).No. 252 of 2010() ------------------------- OP.477/2010 of FAMILY COURT, KANNUR .................... PETITIONER/RESPONDENT: ----------------------------------------- SWEDHA N.K,D/O.JANARDHANAN K,AGED 23 YEARS, RESIDING AT NADUKANDI HOUSE, KARAPARAMBA, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.K.SANEESH KUMAR SMT.M.LISHA RESPONDENT/PETITIONERL: ------------------------- SREEJITH K AGED 31 YEARS, S/O.MADHAVAN, CHARTERED ACCOUNTANT KUNIYIL HOUSE, TEMPLE GATE POST, TELLICHERY TALUK, KANNUR DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.252 of 2010 --------------------------------------- Dated this 08th day of November, 2010 ORDER Though respondent is served on this petition, he has not responded. 2. This petition is filed by the petitioner seeking transfer of O.P.No.477 of 2010 from Family Court, Kannur to Family Court, Kozhikode. That is a petition filed by the respondent for restitution of conjugal rights. Petitioner states that she is a resident of Karaparamba, in Kozhikode District and is a dependant on her aged parents. She has to travel a long distance from Kozhikode to Kannur to contest the case. There is nobody to accompany her. She has also filed M.C.No.308 of 2010 in Family Court, Kozhikode seeking maintenance from the respondent and that case is pending. A criminal case initiated by the petitioner is also pending against respondent in the court of learned Judicial First Class Magistrate-IV, Kozhikode. 3. The Supreme Court in Sumitha Singh Vs. Sanjay Kumar & Another (AIR 2002 SC 396) and Arti Rani Lrs. Pinki Devi and Another Vs. Darmendra Kumar Gupta (2008 (9) SCC 353) stated that while considering request for transfer Tr.P(C).No.252 of 2010 : 2 : in matrimonial proceeding convenience of the wife has to be looked into. Since petitioner is residing at Karaparamba, in Kozhikode Talulk (which is close to the Family Court, Kozhikode) if the case is to be contested at Kannur she has to travel a long distance. Moreover, M.C.No.308 of 2010 filed against respondent is pending in Family Court, Kozhikode. Having regard to the facts and circumstances of the case I am persuaded to think that comparative hardship is more on petitioner if request for transfer is not allowed than the inconvenience that may be caused to the husband if request for transfer is allowed. Hence I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: (i) O.P.No.477 of 2010 pending in Family Court, Kannur is withdrawn from that court and made over to Family Court, Kozhikode. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to counsel on both sides as to the date of appearance in transferee court. (iii) It is made clear that except when his personal presence is required, respondent can appear in the transferee court through counsel. (THOMAS P JOSEPH, JUDGE) Sbna/-