IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 218 of 2010()
1. SURESH,S/O.KESAVAN,PARAYILPURAYIDATHIL
... Petitioner
Vs
1. SAUMYA,D/O.RAJAN,MANCHIRACKAL HOUSE,
... Respondent
For Petitioner :SRI.DILIP J. AKKARA
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :15/07/2010
O R D E R
THOMAS P.JOSEPH, J.
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Tr.P(C) No.218 of 2010
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Dated this the 15th day of July, 2010
O R D E R
This petition is for transfer of O.P(G&W) No.660 of 2010
from Family Court, Ettumanoor to Family Court, Thodupuzha. That
petition is filed by respondent-wife seeking custody of child.
Petitioner has filed O.P(HM) No.113 of 2010 and O.P(G&W)
NO.113 of 2010 in the Family Court, Thodupuzha. According the
petitioner Family Court, Ettumanoor has passed Annexure-IV
order directing production of the child in that court on 28.6.2010 at
11.00 a.m. Petitioner apprehends trouble if he produces the child
in that court.
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.
However I agree with the contention of petitioner that it does not
mean that inconvenience of husband need not be looked into. On
Tr.P(C) No.218 of 2010
-: 2 :-
going through the petition and Annexures I am persuaded to
think that transfer of the case from Family Court, Ettumanoor to
Family Court, Thodupuzha will cause inconvenience to the
respondent-wife. It is not disputed that petitioner is residing in
Ayyappancoil Village, in Idukki District while respondent belongs
to Erumeli Village in Kottayam District. Transfer of case will be a
matter of inconvenience to her. In the circumstances I am not
inclined to entertain this petition.
Resultantly, this petition is dismissed.
THOMAS P. JOSEPH, JUDGE.
vsv