IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 Tr.P(C).No. 305 of 2008 TO TRANSFER OP(DIVORCE) NO.832/2008 BEFORE THE FAMILY COURT,KOLLAM TO THE FAMILY COURT, THIRUVALLA. PETITIONER:- ------------------ SUSAN JOSE, W/O. JOSE YOHANNAN, AGED 36, MELATHIL VILLA, PARAKKODU MURI, ADOOR. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT: --------------- JOSE YOHANNAN, S/O. YOHANNAN, AGED 40 YEARS, THUNDIL ILLATHU VEEDU, MUGHATHALA DESOM, THRIKOVILVATTOM VILLAGE, NADUVILAKKARA CHERIYIL ALLUMOODU P.O., KOLLAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2009, ALONG WITH TPC NO.306 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.2628/2008 IN TR.P.C.NO.305/2008 DISMISSED 25/2/2009 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ TR.P.(C) NOS. 305 & 306 OF 2008 ------------------------------------------------------ Dated this the 25th February, 2009 O R D E R The Transfer Petitions are filed by the wife seeking transfer of O.P.Nos.832 of 2008 and 833 of 2008, pending before the Family Court, Kollam to the Family Court, Thiruvalla, where M.C.No.228 of 2008 is pending. O.P.No.832 of 2008 was filed by the wife for divorce. O.P.No.833 of 2008 was also filed by the wife for return of money, declaration of title, etc. In O.P.No.833 of 2008, the first respondent is the husband, second respondent is the father-in-law and third respondent is the sister-in-law of the petitioner. M.C.No.228 of 2008 was filed by the wife before the Family Court, Thiruvalla claiming maintenance from the husband. All these three cases are pending. 2. The wife states that she has to maintain two children and that she is unemployed. It is contended that it is difficult for her to attend the Family Court, Kollam. She is residing at Adoor and it would be convenient, if the cases are tried by the Family Court, Thiruvalla. It is also submitted that the Family Court, Thiruvalla has camp sitting at Adoor. Therefore, the petitioner requests for a posting of the cases at Adoor itself, if the Transfer Petitions are allowed. TR.P.(C) NOS.305 AND 306 OF 2008 :: 2 :: 3. The petitioner wife has also alleged in the Transfer Petition as follows: “It is pertinent to point out that now Petitioner is getting threatening calls from the respondent for filing cases against him. Petitioner is also warned that if she enters Kollam for conducting the case, her life will be in danger. Petitioner apprehends that she will be endangered by the acts of the respondent, if she goes to Kollam for conducting the case. Moreover, since Petitioner has no means of sustenance, she is not in a position to bear the expense to conduct the case at Kollam and to travel all the way to Kollam and conduct the case.” 4. The husband is working in Australia. It is stated that the sister- in-law of the petitioner, the third respondent in O.P.No.833 of 2008, is also working abroad. The hardship that would be caused to the petitioner in attending the Family Court, Kollam would be greater than the hardship that would be caused to the respondent in attending the Family Court, Thiruvalla. Considering the general convenience of the parties and comparative hardship, I am of the view that it would be just and proper to transfer the petitions filed by the wife before the Family Court, Kollam to the Family Court, Thiruvalla. 5. Accordingly, the Transfer Petitions are allowed. O.P.Nos.832 and 833 of 2008, pending before the Family Court, Kollam shall stand transferred to the Family Court, Thiruvalla, where M.C.No.228 of 2008 TR.P.(C) NOS.305 AND 306 OF 2008 :: 3 :: filed by the wife is pending. Registry shall send a copy of the order to the Family Court, Kollam and the Family Court, Thiruvalla. Learned counsel appearing for the respondents submitted that since respondents 1 and 3 in O.P.No.833 of 2008 are working abroad and the second respondent is an aged man, a direction may be issued to the Family Court to exempt them from personal appearance on all posting dates and that they need appear only when their presence is absolutely required. There will be a direction to the Family Court, Thiruvalla that respondents in O.P.No.833 of 2008 need be compelled to appear before Court only when their presence is absolutely necessary. (K.T.SANKARAN) Judge ahz/