R.V. Ruma vs B.V. Shibu Nair

K.T. Sankaran, J.—The Petitioner, who is the wife of the Respondent, filed O.P. (HMA) No. 1107 of 2010 before the Family Court, Thiruvananthapuram against the Respondent for divorce, for declaration of guardianship of the minor daughter, for return of money and for maintenance and compensation. It is stated that at the time when the Original Petition was filed before the Family Court, the Petitioner was residing at Thiruvananthapuram. Her father, who was working at Ernakulam, shifted to Thiruvananthapuram after his retirement. Later, they had to shift to Ernakulam. It is further stated that the Petitioner is having a job at Ernakulam. The father of the Petitioner is suffering from heart ailments. In these circumstances, it is submitted that the Petitioner is not in a position to attend the Family Court, Thiruvananthapuram, undertaking a long distance travel. Therefore, this Transfer Petition is filed seeking to transfer O.P.(HMA) No. 1107 of 2010 from the file of the Family Court, Thiruvananthapuram to the Family Court, Ernakulam.

The Respondent is residing at Thiruvananthapuram. It is stated that he is working in Techno Park at Thiruvananthapuram.

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 convenience of the wife should be taken note of while considering the question of transfer.

Taking into account the comparative hardship of the Petitioner and that of the Respondent, if the case is tried by the Family Court, Thiruvananthapuram or the Family Court, Ernakulam, as the case may be, I am of the view that the hardship that would be caused to the Petitioner would he high when compared to the hardship that would be caused to the Respondent.

For the aforesaid reasons, the Transfer Petition is allowed. O.P. (HMA) No. 1107 of 2010 pending before the Family Court, Thiruvananthapuram is transferred to the Family Court, Ernakulam. The Family Court, Thiruvananthapuram shall transmit the records to the Family Court, Ernakulam. The parties shall appear before the Family Court, Ernakulam on 27.6.2011.