JOYCEE MICHAEL Vs. A G FRANK OLIVER

JUDGEMENT

(1.) Respondent is served on this petition but there is no response. Heard learned counsel for petitioner.

(2.) Petitioner-wife seeks transfer of O.P(Div.) No.39 of 2010 from Family Court, Thiruvalla to Family Court, Kannur. That is a petition filed by the respondent-husband seeking divorce. Complaint of petitioner-wife is that she is residing at Dharmadom, near Thalassery from 1987 onwards, has three children, two of them are studying at Thalassery and she finds it difficult to travel all the distance from Dharmadom to Thiruvalla. In the circumstances she requests for transfer of the case.

(3.) The Supreme Court in Sumitha Singh v. Kumar Sanjay and another (AIR 2002 SC 396) and Arti Rani v. Dharmendra Kumar Gupta ([2008] 9 SCC 353) has stated that while considering request for transfer of matrimonial proceedings convenience of the wife has to be looked into. That of course does not mean that inconvenience of the husband has to be ignored. As seen from the address of respondent he is a resident of Ranni, in Pathanamthitta District while petitioner as stated above resides at Dharmadom in Thalassery. The distance from place of residence of petitioner to Family Court, Thiruvalla is around 350 kms. That means petitioner has to travel a long distance to come to Family Court, Thiruvalla to contest the case. Moreover she has three children, two of them are studying at Thalassery. If she is to appear in Family Court, Thiruvalla she has to be accompanied by some relatives which involves expense also. They may even have to stay over night at Thiruvalla. Having considered the comparative hardship that parties have to suffer I am satisfied that the hardship which petitioner would have to suffer if the case is not transferred outweighs the hardship respondent has to suffer if transfer is allowed. The difficulty that may be caused to the respondent can be reduced by permitting him to appear through counsel except when his physical presence is not required. Hence I am inclined to allow the petition. Resultantly, the petition is allowed in the following lines: