IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Tr.P(C).No. 25 of 2008() ------------------------ (TO TRANSFER OP 34/07 FROM FAMILY COURT, WAYANAD TO FAMILY COURT, KOZHIKODE) PETITIONER ---------------- BHAGYA ULLAS, D/O.UNNIKRISHNAN, AGED 24 YEARS, ULLAS, NARAYAMKULAM, MOOLAD, KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.R.SUDHISH RESPONDENT: ------------- M.R.RAJEESH, S/O.REGHUTHAMAN, AGED 33 YEARS, 'SUSMITHA', PATHIRIPALATHU, KOLAGAPARA P.O., POST PURAKKATTI, SULTHANBATHERI. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 187/08 IN Tr.P.C 25/08 DISMISSED 22.1.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- Tr.P.C. NO. 25 OF 2008 --------------------- Dated this the 22nd day of January, 2008 ORDER This transfer petition is filed by the petitioner to transfer O.P. 34/07 pending before the Family Court, Wayanad to Family Court, Kozhikode. The transfer petitioner is the wife. She has already filed application before the Family Court, Kozhikode, for divorce as O.P. 63/08 and for return of gold ornaments etc., as O.P. 64/08. The husband’s petition is one for restoration of conjugal rights. It is submitted by the petitioner that she is unable to travel to Wayanad from Kozhikode with a one and a half year child and it will cause her tremendous difficulties. 2. In these types of cases, it is the comparative hardship that has to be looked into. It will be very difficult for a young lady with a small child to travel all the way from Kozhikode to Wayanad and even on certain dates one may not be able to return back on the same day. Therefore, taking into consideration that aspect, I feel this is a fit case where transfer can be ordered. Therefore OP 34/07 pending in the Family Court, Wayanad, is transferred to the Family Court, Tr.P.C. No.25/08 2 Kozhikode for trial and disposal of the case along with OP 63/2008 and OP 64/2008. Since I am effecting transfer at the admission stage itself, the Family Court, Wayanad is directed to intimate the petitioner therein about the factum of transfer. The Transfer Petition is accordingly allowed. M.N.KRISHNAN, JUDGE vps Tr.P.C. No.25/08 3