IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Tr.P(C).No. 7 of 2008 ----------------------------- (TO TRANSFER O.P. (G&W) 738/07 FROM F.C. KOTTARAKKARA TO TO F.C. THIRUVALLA) .............. PETITIONER: ------------------- SALEENA, D/O. RASHEEDA, PALATHADATHIL MADINA MANZIL, PUZHIKKADU MURI, PANDALAM VILLAGE, ADOOR TALUK. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL. RESPONDENT: ---------------------- KOYAKUTTY E., S/O.LATE ISMAILKUTTY, ASHA MANZIL, NADUKUNNU, PATHANAPURAM P.O., KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.(C). NO. 7/2008: ORDER ON I.A. NO. 31/2008 IN TR. P.(C). NO. 7/2008 DISMISSED 19/02/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 7 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of February, 2008. J U D G M E N T This Transfer Petition is preferred with a prayer to transfer O.P.(G&W) 738/07 pending before the Family Court, Kottarakkara to Family Court, Thiruvalla where O.P.962/07 for recovery of money etc. filed by the wife is pending consideration. It is submitted that the wife is residing at Pandalam which is about 16 K.M. away from the Family Court, Thiruvalla and the children are studying in 5th Std. and 1st Std. There is also a contention that since the ordinary jurisdiction is the place where the children resides, Family Court, Kottarakkara may not have jurisdiction. Taking into consideration all the materials available it can be stated that the matter has to be looked into in these types of matters on the ground of paramount welfare of the children. Production of children may be necessary on and of before that Court Tr.P.C. NO. 7 OF 2008 -:2:- which try the case. Further I am informed that the husband is away employed at gulf country. Taking into consideration the comparative hardship, it will be more on the wife rather than on the husband. Therefore I transfer O.P.(G&W) 738/07 pending before the Family Court, Kottarakkara to the Family Court, Thiruvalla. I also make it clear that the presence of the husband on all hearing dates may not be insisted and when genuine applications are filed that may be considered sympathetically and allowed, also taking into consideration the inconvenience that will be caused to the power of attorney holder, if any appointed. The Tr.P.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-