KALA Vs. ANIYANKUNJU

JUDGEMENT

(1.) THIS petition is for transfer of O.P(Div.) No. 1115 of 2010 from the Family Court, Thiruvalla to the Family Court, Thiruvananthapuram. O.P(Div.) No. 1115 of 2010 is a petition filed by the respondent -husband for divorce. Learned counsel submits that the petitioner is a resident of Nanthancode, in Thiruvananthapuram city while the respondent belongs to Pathanamthitta District. The learned counsel submits that O.P.No. 1025 of 2006 for realization of amount and M.C.No. 206 of 2006 for maintenance filed by the petitioner are pending in the Family Court, Thiruvananthapuram. Hence the request for transfer.

(2.) APPLICATION is opposed by the respondent. It is submitted that if transfer is allowed it will cause inconvenience to the respondent.

(3.) THE petitioner being a resident of Nanthancode, has to travel long distance to reach the family court at Thiruvalla. She may have to be accompanied by somebody which involves expenses. Two cases filed by the petitioner are pending in the Family Court, Thiruvananthapuram. Having regard to the circumstances stated I am inclined to think that if the transfer is not allowed, it will cause more hardship on the petitioner. Moreover, it is convenient for both parties that all the cases are tried and disposed of by the same court. The inconvenience that may be caused to the respondent can be reduced by permitting him to appear in the transferee court through counsel except when his physical presence is required. Hence I am inclined to allow the petition.