IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 Tr.P(C).No. 232 of 2008 OPDIV.258/2008 of FAMILY COURT, PALAKKAD PETITIONER NISHA D., AGED 23 YEARS, D/O.VIJAYAMMA, VATTAKKADU MELATHIL VEEDU, KOTTATHALA P.O. KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT: BIJU K.PILLAI, S/O.KUTTAN PILLAI, MINI SADANAM, KOTATHALA P.O., KOTTARAKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.2118/2008 IN TR.P.(C) NO.232/2008 DISMISSED 24/2/2009 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ TR.P.(C) NO. 232 OF 2008 ------------------------------------------------------ Dated this the 24th February, 2009 O R D E R The respondent filed O.P.(Divorce) No.258 of 2008 against the petitioner before the Family Court, Palakkad. The prayer in the Transfer Petition is to transfer O.P.(Divorce) No.258 of 2008 from Family Court, Palakkad to the Family Court, Kottarakkara. The husband and wife belong to Kottarakkara. The marriage was solemnized at Kottarakkara. The respondent is having business at Palakkad. According to him, they last resided together at Palakkad and, therefore, he has filed the petition before the Family Court, Palakkad. The petitioner has no job. It is submitted by the petitioner that she is not in a position to attend the Family Court, Palakkad undertaking travel from Kottarakkara to Palakkad. More over, she is having a child aged only two years. The hardship that would be caused to the respondent if he were to attend the Family Court, Kottarakkara would be lesser than the hardship that would be caused to the petitioner, if she were to attend the Family Court, Palakkad. Considering the comparative hardship and also considering the other facts and circumstances of the case, it is only just and proper to transfer O.P.(Divorce) No.258 of 2008, pending before the Family Court, Palakkad to the Family Court, Kottarakkara. TR.P.(C) NO. 232 OF 2008 :: 2 :: Accordingly, the Transfer Petition is allowed. O.P.(Divorce) No.258 of 2008, pending before the Family Court, Palakkad, shall stand transferred to the Family Court, Kottarakkara. Registry shall send a copy of this order to the Family Court, Palakkad and the Family Court, Kottarakkara. (K.T.SANKARAN) Judge ahz/