IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Tr.P(C).No. 171 of 2011() ------------------------------------- OP.NO.388/2011 OF FAMILY COURT, MALAPPURAM TO FAMILY COURT,PALAKKAD ........ PETITIONER: ----------------------- SUNITHA, AGED 26 YEARS, D/O.MOHANAN, PUTHANPURAYIL HOUSE, V.K.PADY, PANAMANNA POST, PALAKKAD DISTRICT. BY ADVS. SMT.T.D.RAJALAKSHMI, SRI.R.SREEHARI. RESPONDENT(S): ---------------------------- SHINOD, AGED 36 YEARS, S/O.THEYYUNNI, CHOLACKAL HOUSE, KUNNAPALLY POST, PERUTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss Tr.P(C) NO.171/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF CMP NO.1977/2011 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPALAM DTD.30/05/2011 BY THE PETITIONER. ANNEX.A2: COPY OF O.P.NO.388/2011 FILED BEFORE THE FAMILY COURT, MALAPPURAM BY THE RESPONDENT. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.171 of 2011 ==================================== Dated this the 11th day of July, 2011 O R D E R Prayer in this petitioner is to transfer O.P. No.388 of 2011 filed by the respondent-husband in Family Court, Malappuram to Family Court, Palakkad. Petitioner-wife is a resident of Ottappalam. It is stated that she is depending on her father for livelihood and that she has to travel about 60- 70 kms to reach Family Court, Malappuram. Application is opposed by the respondent. I have heard learned counsel on both sides. 2. The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kumar Gupta ([2008] 9 SCC 353) has stated that while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. That of course does not mean that inconvenience of the husband has to be ignored. Petitioner-wife is aged about 26 years. She is residing at Ottappalam. Respondent-husband is aged about Tr.P(C) No.171 of 2011 -: 2 :- 36 years and is a resident of Perinthalmanna. Distance from Perinthalmanna to Malappuram is around 20 kms while the distance to Palakkad is around 60 kms. In other words if request for transfer is allowed respondent need travel only an additional distance of 40 kms. Having regard to the circumstances stated I am inclined to think that the comparative hardship is more on the petitioner if transfer is not allowed. Hence I am inclined to allow the request. Resultantly, this petition is allowed in the following lines: (i) O.P.No.388 of 2011 pending in Family Court, Malappuram is withdrawn from that court and made over to Family Court, Palakkad for trial and disposal. (ii) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of parties in the transferee court with due intimation to the counsel on both Tr.P(C) No.171 of 2011 -: 3 :- sides. (iii) It is made clear that except when physical presence of respondent in the transferee court is necessary, he can appear through counsel. THOMAS P. JOSEPH, JUDGE. vsv