IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr P(C) No. 61 of 2007()
1. VINCI ACHYAMMA THOMAS, PUTHENVEETIL
... Petitioner
Vs
1. DR.JACOB GEORGE,
... Respondent
2. P.PUNNOOSE THOMAS, PUTHENVEETTIL HOUSE,
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent :SRI.R.SANTHOSH BABU
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/06/2007
O R D E R
M.N.KRISHNAN, J.
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Tr.P.C.No. 61 OF 2007
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Dated this the 4th June, 2007.
JUDGMENT
This transfer petition is preferred requesting to
transfer O.P(G&W)801/06 and O.P(Div.)802/06 pending before
the Family Court, Thiruvalla to Family Court, Ettumanoor.
The petitioner is residing in a place called Pakkil.
According to the petitioner the distance from Pakkil to
Ettumanoor is 14 1/2 kms. and to Thiruvalla is 25 1/2 kms.
The respondents would say that the distance between Pakkil
to Ettumanoor is 18 kms. and if it is by train it is
equidistant. Maintenance case was filed by the wife and it
was decreed and according to the petitioner the execution
is pending before the Ettumanoor Family Court. The
difference in distance between the two family courts from
the place of residence of the transfer petitioner is so
trivial that one cannot take it as a ground for transfer of
the case. Either way she has to travel some distance from
her place to reach the Family Court at Ettumanoor or Family
Court at Thiruvalla. I find that the main cases are
pending at the Family Court, Thiruvalla and what is pending
before the Family Court, Ettumanoor is only the execution
of a maintenance case. So far as the cost and other
expenses are concerned, there are relevant provisions under
Tr.P.C.61/07 2
the Act to direct the husband to deposit in advance the
expenses incurred. Our Supreme Court has said that in
transfer of matrimonial cases the court should consider it
on the facts and circumstances of each case. The mere
allegation of some inconvenience for the wife shall not be
a ground for transfer where the matters are instituted in
Courts having competency to try the case. After hearing
both sides, I am satisfied that there exists no valid
ground for a transfer. Transfer petition is therefore
dismissed.
If there is any dispute regarding the competency of a
court to hear the matter, it is a separate issue that can
be brought before the court by the aggrieved parties.
M.N.KRISHNAN
Judge
jj