Jasmine, K.M. Philipose and Elsy Philipose vs Jikku John

K.T. Sankaran, J.—The Petitioners, who are the Respondents in OP(G&W) No. 1140 of 2010 pending before the Family Court, Kottarakkara, seeks transfer of the case to the Family Court, Thiruvananthapuram.

O.P(G&W) No. 1140 of 2010 was filed by the Respondent/husband for custody of child. That case is pending before the Family Court, Kottarakkara. The wife filed OP(G&W) No. 131 of 2011 before the Family Court, Thiruvananthapuram for permanent custody of the minor child. She also filed M.C. No. 313 of 2010 before the Court of the Judicial Magistrate of the First Class-II, Thiruvananthapuram under the Protection of Women from Domestic Violence Act. These two cases filed by the wife are also pending.

It is stated that the Respondent is employed in Bangalore. The Petitioners are residing at Thiruvananthapuram. Petitioners 2 and 3 are the parents of the first Petitioner. They state that they are not in a position to undertake a travel to Kottarakkara to attend the Family Court. It is also pointed out that even if the case is transferred to the Family Court, Thiruvananthapuram, the Respondent would not be affected, as he is employed in Bangalore. For him, travel to Thiruvananthapuram would be easier than the travel to Kottarakkara, submits the learned Counsel for the Petitioner.

The Transfer Petition is opposed by the Respondent. It is submitted that there is no genuine reason for transfer of the case.

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

Taking into account the fact that the Respondent is employed in Bangalore and it is not more difficult for him to attend the Family Court, Thiruvananthapuram than to attend the Family Court, Kottarakkara, and also taking note of the hardship that would be caused to the Petitioners if they are compelled to appear before the Family Court, Kottarakkara, I am of the view that the Transfer Petition requires to be allowed.

Accordingly, the Transfer Petition is allowed and OP(G&W) No. 1140 of 2010 pending before the Family Court, Kottarakkara is transferred to the Family Court, Thiruvananthapuram. The Family Court, Kottarakkara shall transmit the records to the Family Court, Thiruvananthapuram. The parties shall appear before the Family Court, Thiruvananthapuram on 27.6.2011.