IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939 Tr.P(C).No. 338 of 2017 TO TRANSFER OP(HMA).NO. 359/2017 of FAMILY COURT,KOLLAM TO THE FAMILY COURT,ATTINGAL, THIRUVANANTHAPURAM.

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PETITIONER(S)/RESPONDENT ------------------------

SAUMYA.S.NAIR, AGED 24 YEARS, D/O. SOBHA, RESIDING AT SREE SIVAM VEEDU, VARKALA P.O KURAKKANNI DESOM, VARKALA VILLAGE, VARKALA, NOW RESIDING AT MAKAM, POZHIKKARA, PARAVUR P.O PARAVUR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

BY ADV.SRI.V.A.AJIVAS RESPONDENT(S)/PETITIONER:

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NITHIN KUMAR, AGED 33 YEARS, S/O. MADANAN PILLAI, RESIDING AT NITHIN NIVAS, EDAYADI, POOTHAKULAM P.O, POOTHAKULAM VILLAGE.

KOLLAM TALUK, KOLLAM DISTRICT - 691 302.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

TS ALEXANDER THOMAS, J.

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Dated this the 12^th day of February, 2018

O R D E R

The prayer in this Transfer Petition (Civil) is as follows:

“…....transfer the O.P.(HMA) No.359/2017 on the file of Family Court, Kollam to Family Court, Attingal.”

2. In compliance with the directions of this Court, petitioner's counsel has filed memo evidencing service of notice on the respondent through the lower court counsel. Service complete.

2. Though notice has been duly served on the respondent/husband, there is no appearance for that party.

3. Heard Sri.Ajivass, learned counsel appearing for the petitioner/wife.

4. It is stated that the petitioner herein is the wife of the respondent herein and that the petitioner/wife is presently residing at Paravur village, Kollam district. Differences of opinion between the parties have led to matrimonial disputes. It is stated that the respondent/husband has filed O.P.(HMA) No.359/2017 before the Family Court, Kollam seeking restitution of conjugal rights. It is further stated that the serious difficulties will be caused to the petitioner, if she is required to attend the Family Court at Kollam, in connection with the above said original petition filed by the respondent/husband. It is in the above circumstances that the petitioner has filed the instant Transfer Petition (Civil) with the aforementioned prayer.

5. The prayer for transfer is seriously opposed by the respondent/husband pointing out that he will also have travelling difficulties, if the prayer for transfer of the original petition filed by him is allowed.

5. In the judgments of the Apex Court as in Sumitha Singh v. Kumar Sanjay & Anr. reported in (2001) 10 SCC 41, Rajwinder Kaur v. Balwinder Singh reported in (2003) 11 SCC 726, Mona Aresh Goel v. Aresh Satya Goel, reported in (2000) 9 SCC 255, Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap, reported in AIR 2016 SC 3584, etc., it has been held that in the matter of transfer of cases from one Family Court to another, inconvenience to wife should be given special consideration by the courts, etc.

6. Taking into account the facts and circumstances disclosed in this petition, this Court is inclined to consider the plea for transfer of O.P.(HMA) No.359/2017 pending on the file of the Family Court, Kollam, to the Family Court, Attingal. Accordingly, it is ordered that O.P.(HMA) No.359/2017 pending on the file of the Family Court, Kollam, will stand transferred to the Family Court, Attingal. The petitioner will produce a certified copy of this order before the Family Court, Kollam, without further delay. Upon receipt of the copy of the order, the Family Court, Kollam, will take steps to ensure that the case papers and case records in relation to O.P.(HMA) No.359/2017 pending on the file of that court are transmitted to the Family Court, Attingal. After receiving the case papers and case records in relation to O.P. (HMA) No.359/2017, the Family Court, Attingal will issue notices to both parties and proceed further with the matter, in accordance with law.