IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 121 of 2010()
1. ANJU.P.G., D/O.GEETHA SANKAR,
... Petitioner
Vs
1. MURALIKRISHNAN, S/O.MOHANAN NAIR,
... Respondent
For Petitioner :SRI.SAJU.S.A
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :18/06/2010
O R D E R
THOMAS P. JOSEPH, J.
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Tr.P.(C) No.121 of 2010
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Dated this the 18th day of June, 2010.
ORDER
Respondent is served but there is no response.
2. This petition is filed by the wife seeking transfer of O.P.No.114 of
2010 pending in Family Court, Thiruvalla to Family Court, Kottarakkara where
O.P.Nos.291 of 2010 and 292 of 2010 and M.C.No.94 of 2010 are pending. It is
stated in the petition that petitioner is a resident of Pathanapuram in Kollam
District and that she has already instituted O.P.Nos.291 of 2010 and 292 of 2010
and M.C.No.94 of 2010 in Family Court, Kottarakkara. She has to travel a long
distance from her place of residence to reach Family Court, Thiruvalla where
respondent has filed O.P.No.114 of 2010 seeking restitution of conjugal rights. It
is also stated that there is nobody to accompany petitioner to the Family court at
Thiruvalla. The Supreme Court in Sumitha Singh v. Kumar Sanjay and
another (AIR 2002 SC 396) has stated that in matrimonial proceedings
while court considers prayer for transfer convenience of the wife has to be
looked into. True, each case should be decided on the facts and circumstances
of that case. Having regard to the inconvenience of wife who has to go from her
place of residence to Thiruvalla and also taking into account the fact that three
cases filed by her are pending in Family Court, Kottarakkara I am inclined to
allow this petition.
Tr.P(C) No.121/2010
2
Resultantly this petition is allowed in the following lines:
i. O.P.No.114 of 2010 pending in Family Court, Thiruvalla is
withdrawn from that court and transferred to Family Court, Kottarakkara.
ii. The transferor court shall, while transmitting records of the case to
the transferee court fix the date for appearance of parties in the transferee
court with due intimation to the counsel on both sides.
I.A.No.1062 of 2010 will stand dismissed.
THOMAS P.JOSEPH,
Judge.
cks