IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Tr.P(C).No. 17 of 2008() ------------------------ OP.610/2007 of FAMILY COURT,THRISSUR .................... PETITIONER -------------- BINDU, D/O JOSEPH, THALIYATH HOUSE, KEEZHMADU, ERUMATHALA, ALUVA-5. BY ADV. SRI.N.NEELAKANDHAN NAMBOODIRI SRI.P.S.NARAYANA RAJA SMT.M.J.SHINSA MOLE RESPONDENT: ------------- SHAJU ANTONY, KACHAPPILLY HOUSE, NALUKKETTU P.O., KARATTY VILLAGE. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 99/08 IN TR.P.C 17/08 DISMISSED 10.1.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- Tr.P.(C) NO. 17 OF 2008 --------------------- Dated this the 10th day of January, 2008 ORDER This petition is filed to transfer OP 610/2007 pending before the Family Court, Trissur to Family Court, Ernakulam. The grievance of the petitioner is that she is residing 85 Kms. away from the Family Court, Trissur and she has got a child aged one and a half years. In fairness, the counsel had submitted that the petitioner has filed a petition for maintenance on the very same court and it is pending. The mere factum of distance shall not be a ground for transfer of a case because it will cut the root of the jurisdictional aspect fixed by the respective statutes. But at the same time inconvenience of the parties should be considered. I am informed that the counselling is over and it has failed. Now a counter has to be filed and the matter has to be proceeded with. Therefore, I direct the Family Court not to insist the presence of the petitioner at each and every other occasion unless it is absolutely necessary and whenever a petition for exemption is filed, that has to be sympathetically considered and allowed so that, least inconvenience is caused to the transfer petitioner. With these observations, the transfer petition is dismissed. M.N.KRISHNAN, JUDGE vps