IN THE SUPREME COURT OF INDIA     CIVIL ORIGINAL JURISDICTION

     TRANSFER  PETITION (CIVIL) Nos. 1081-1082  OF  2008

   SEEMA                               

...   Petitioner(s)

                     Versus    SUDHIR                      ...  Respondent(s)

O R D E R  

This is  an application for transfer of  Original Petition,  being M.O.P. 136 of  

2007, titled Seema Vs. Sudhir S. and O.P. 197 of 2007, titled Sudhir S. Vs. Seema,  

pending  before  the  Family  Court  at  Palakkad,  Kerala,  to  the  Family  Court  at  

Bangalore,  State  of  Karnataka.    Admittedly,  the  proceedings  have  been  initiated  

before the Family Court at Palakkad by the petitioner wife for divorce.  However,  

according to the petitioner, after her separation from the respondent,  she has been  

forced to take up an employment in Bangalore,  where she is living with her minor  

daughter,  aged  about  5  years.   The  minor  daughter  is  also  attending  school  in  

Bangalore.

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Despite  the  difficulties  expressed  on  behalf  of  the  respondent,  mainly  on  

account of examination of witnesses,  we are inclined to allow the transfer petitions

mainly on account of the fact that the minor girl child is with her mother.  Apart from  

the fact that it would be difficult for the petitioner to leave the child to attend to the  

court proceedings in Bangalore, it would also be difficult to take her minor child with  

her for the said purpose.  Besides, it would also lead to disruption of the child's studies  

in school.  It is on the said grounds that we allow the transfer petitions.  

 Let  the  Original  Petition,  being  M.O.P.  136 of  2007,  and O.P.  197 of  2007,  

pending before the Family Court at Palakkad, Kerala, be transferred to the Family  

Court at Bangalore, Karnataka.   

             ...................J.                                (ALTAMAS KABIR)   

               ...................J.                            (CYRIAC JOSEPH)           

New Delhi,       April 20, 2009.