IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 15TH DAY OF JANUARY 2018 / 25TH POUSHA, 1939 Tr.P(C).No. 829 of 2017 OP(HMA) 1848/2017 of FAMILY COURT, THIRUVANANTHAPURAM TO FAMILY COURT, ALAPPUZHA.

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PETITIONER /RESPONDENT NEENU R. KUMAR D/O REGHUKUMAR, AGED 24 YEARS, GEETHAM, MRA 5, KAITHAVANA, SANATHANAPURAM P.O, ALAPPUZHA - 688 003 NOW RESIDING AT GEETHAM, WEST OF SARGHA JUNCTION, GURUPURAM, AVALOOKUNNU P.O, ALAPPUZHA - 688 006.

BY ADVS. SMT.APARNA C.MENON SMT.SREEKALA KRISHNADAS.

RESPONDENT/ PETITIONER VISHNU V S/O VIJAYAKUMAR, AGED 28 YEARS, KARTHIKA, DNRA 40, KUDAPPANAKUNNU, KUDAPANAKUNNU P.O, THIRUVANANTHAPURAM - 695 043.

BY ADV. SRI.BIJU BALAKRISHNAN.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Hr...

Tr.P(C).No. 829 of 2017 APPENDIX PETITIONER(S)' ANNEXURES ANNEXURE I TRUE COPY OF PETITION IN OP (HMA)NO 1848/2017 PENDING BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM FILED BY THE RESPONDENT.

ANNEXURE II TRUE COPY OF THE PETITION IN O.P NO 731/2017 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ALAPPUZHA.

RESPONDENT(S)' ANNEXURES NIL // TRUE COPY//

P.S TO JUDGE.

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ALEXANDER THOMAS, J.

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O.P(C).No.829 of 2016 ==================

Dated this the 15^th day of January, 2018

J U D G M E N T

The prayer in this Transfer Petition (Civil) is as follows: “to transfer O.P(HMA).No. 1848/2017 pending before the Family Court, Thiruvananthapuram to Family Court, Alappuzha where O.P(HMA).No.

No.731/2017 filed by the petitioner is pending.”

2. Heard Smt.Aparna C.Menon, learned counsel appearing for the petitioner (wife) and Sri. Biju Balakrishnan, learned counsel appearing for the respondent (husband).

3. It is stated that the petitioner is presently residing at Avalookunnu in Alappuzha. Differences of opinion between the parties have led to matrimonial disputes. It is stated that the respondent (husband) has filed O.P(HMA).No.1848/2017 before the Family Court, Thiruvananthapuram. for divorce. The petitioner (wife) has filed O.P(HMA).No. 731/2017 before the Family Court, Alappuzha, for dissolving the marriage. It is further stated that serious difficulties will be caused to the petitioner, if she is required to travel all the way from Avalookunnu in Alappuzha district to Thiruvananthapuram for personal appearance before the Family Court at Thiruvananthapuram. It is in the above circumstances that the petitioner has filed the instant Transfer Petition (Civil) with the aforementioned prayer. The prayer for transfer is opposed by the counsel Tr.P.C.829/17 for the respondent (husband). The learned counsel for the respondent submits that the respondent will be put to hardships and difficulties, if the plea for transfer is allowed. The hardships now posed by the respondent could be alleviated by issuing necessary directions for grant of exemption from personal appearance.

4. 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.

5. 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.1848/2017 pending on the file of the Family Court, Thiruvananthapuram, to the Family Court at Alappuzha. Accordingly, it is ordered that O.P(HMA).No. 1848/2017 pending on the file of the Family Court, Thiruvananthapuram, will stand transferred to the file of the Family Court at Alappuzha. The petitioner will produce a certified copy of this order before the Family Court, Thiruvananthapuram witho