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Judgment
K.T. Sankaran, J.—The Petitioner prays for transfer of O.P No. 45 of 2011 pending before the Family Court, Palakkad to the Family Court, Malappuram, where M.C. No. 139 of 2011 is pending.
O.P. No. 45 of 2011 was filed by the Respondent against the Petitioner for declaring the marriage as null and void. M.C. No. 139 of 2011 was filed by the Petitioner against the Respondent for maintenance. Both these cases are pending.
It is stated that the Petitioner is pregnant by seven months. She also states that her parents are not supporting her. She states that she is residing in a rented house at Malappuram. The Petitioner is not in a position to attend the Family Court by undertaking a long distance travel. It is submitted that the Petitioner does not have the necessary financial resources to meet the travelling expenses to go to Palakkad for the conduct of the case.
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 inconvenience caused to the wife, if no transfer is made, should be taken note of.
In the facts and circumstances of the case, the Transfer Petition is allowed and OP No. 45 of 2011 pending before the Family Court, Palakkad is transferred to the Family Court, Malappuram. The Family Court, Palakkad shall transmit the records to the Family Court, Malappuram. The parties shall appear before the Family Court, Malappuram on 28.6.2011.