Gritta Joseph vs Antony Thomas @ Subin

K.T. Sankaran, J.—The Petitioner is the wife of the Respondent. Their marriage was solemnised on 29.8.2007 at Alappuzha. A child was born in that wedlock who is only 1 1/2 years of age now.

The Respondent filed O.P. No. 763 of 2010 on the file of the Family Court, Alappuzha against the Petitioner for restitution of conjugal rights. The prayer in the Transfer Petition is to transfer that case to the Family Court, Malappuram.

The Petitioner is working in the University of Calicut and she is residing at Thenhipalam in Malappuram District. The Respondent is working in Asianet at Alappuzha. The Petitioner states that she is not in a position to travel a long distance from Thenhipalam to Alappuzha in order to attend the Family Court, Alappuzha. She is employed in Calicut University and the child is also in her custody. In these circumstances, it would not be possible for her to attend the Family Court, Alappuzha, submits the Petitioner.

The Supreme Court in Sumita Singh v. Kumar Sanjay and Anr. 2001 (10) SCC 41 , Rajwinder Kaur Vs. Balwinder Singh, and Mangla Patil Kale Vs. Sanjeev Kumar Kale, held that the inconvenience caused to the wife, if no transfer is made, should be taken note of.

Taking into account the comparative hardship of the Petitioner and the Respondent, I am of the view that the hardship that would be caused to the Petitioner, if the case is not transferred from the Family Court, Alappuzha would be greater than the hardship that would be caused to the Respondent if the case is transferred to the Family Court, Malappuram.

In the facts and circumstances of the case, the Transfer Petition is allowed. O.P. No. 763 of 2010 pending before the Family Court, Alappuzha shall stand transferred to the Family Court, Malappuram. The Family Court, Alappuzha shall transmit the records to the Family Court, Malappuram. The parties shall appear before the Family Court, Malappuram on 27th June, 2011.