IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 Tr.P(C).No. 329 of 2008 TO TRANSFER OP.259/2007 FROM THE FILE OF FAMILY COURT, KANNUR TO THE FILE OF FAMILY COURT, KOLLAM. PETITIONER BINACA YESUDAS, AGED 33 YEARS, D/O.LATE M.S.YESUDAS, BINACA BAVAN, KERALAPURAM, KOLLAM. BY ADV. SRI.PRATHEESH.P SMT.T.M.RESHMI RESPONDENT: --------------- K.V.SHERRY, AGED 37 YEARS S/O.VARKEY, KENNESHUTH HOUSE, AYICHERY P.O.,KANNUR BY ADV. SRI.C.P.PEETHAMBARAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.2841/2008 IN TR.P.(C) NO.329/2008 DISMISSED 2/4/2009 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ TR.P.(C) NO. 329 OF 2008 ------------------------------------------------------ Dated this the 2nd April, 2009 O R D E R The prayer in this Transfer Petition filed by the wife is to transfer O.P.No.259 of 2007, pending before the Family Court, Kannur to the Family Court, Kollam. The Original Petition was filed by the husband before the Family Court for divorce. The husband belongs to Kannur and the wife belongs to Kollam. The wife is working as a teacher in the Republic of Maldieves. It is stated in the Transfer Petition that the wife had given the power of attorney to her mother to conduct the case on her behalf. The mother is aged 55 years and is suffering from Blood pressure and other diseases and she would not be in a position to travel from Kollam to Kannur. 2. The respondent husband has filed a counter affidavit and opposed the prayer for transfer. It is submitted by the learned counsel for the respondent that the pre-trial steps in O.P.No.259 of 2007 were completed before 24.11.2008 and the case was posted for evidence to 24.11.2008. The chief affidavit of the husband was TR.P.(C) NO. 329 OF 2008 :: 2 :: filed earlier. On 24.11.2008, the wife sought for an adjournment to cross examine PW1 (the husband). That prayer was granted and the case was adjourned to 30.12.2008. The Transfer Petition was filed thereafter on 15.12.2008. On 30.12.2008, on behalf of the wife, a stay order was produced before the Family Court. It is submitted that the prayer made in the Transfer Petition is devoid of merits and that if, at this stage, the Transfer Petition is allowed, the respondent (husband) would be put to great hardship. 3. The petition for divorce was filed in the year 2007. The petitioner has not disclosed in the Transfer Petition the above facts. Now, it is admitted that the case has reached the final stage of trial and disposal. It is not proper to entertain the prayer for transfer at this belated stage. That the mother of the petitioner has to conduct the case is not a ground for transfer of the case at this stage. If the mother wants to give evidence, she can apply before the Family Court to appoint a Commissioner for recording her evidence, if she is not in a position to travel to Kannur. On such application being filed, the Family Court will consider the same in accordance with law. TR.P.(C) NO. 329 OF 2008 :: 3 :: The Transfer Petition is devoid of merits and it is accordingly dismissed. (K.T.SANKARAN) Judge ahz/