IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Tr.P(C).No. 258 of 2007() ------------------------- OPHMA.657/2007 of FAMILY COURT, KOTTARAKKARA .................... : PETITIONER --------------------------- PRABHA, D/O. RAVINDRAN NAIR, AGED 32 YEARS, CHENNATHU HOUSE, AIRAPURAM P.O., KEEZHILLAM VIA, ERNAKULAM DISTRICT. BY ADV. SRI.C.S.MANU SRI.ANOOP.V.NAIR RESPONDENTS: ------------- R.DINESH CHANDRAN, AGED 35 YEARS, S/O. RAMACHANDRAN NAIR, POURNAMI, KARINGANNOOR P.O., OYOOR, KOTTARAKKARA. BY ADV. SMT.T.S.MAYA (THIYADIL) SMT.K.REENA THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 154/08 IN T.P.C 258/07 DISMISSED 30.1.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- Tr.P.C. NO. 258 OF 2007 --------------------- Dated this the 30th day of January, 2008 ORDER The transfer petitioner/wife has moved an application for transfer of OP (HMA) 657/07 pending before the Family Court, Kottarakara to the Family Court, Ernakulam, where the cases filed by the petitioner for divorce and maintenance is pending. The respondent/husband has filed a application for restitution of conjugal rights. It is desirable that all these cases shall be tried and decided by the one and the same court. Now the question is which case is to be transferred and in whose favour the comparative hardship is more. It is submitted by the wife that she has got a two year old child and she is unemployed and is living at the mercy of her parents. According to her, frequent travelling with the child to a distant place like Kottarakara will cause financial problem as well as other difficulties for her. 2 Admittedly, the two other cases are pending before the Family Court, Ernakulam. So, considering the facts and circumstances,I find the comparative hardship is more on the wife than the husband. Therefore, I direct the court below to transfer OP (HMA) 657/07 pending before the Family Court, Kottarakara to the Family Court, Ernakulam, for trial and disposal along with other connected cases. The transfer petition is allowed as above. M.N.KRISHNAN, JUDGE vps