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. 15 of 2008 --------------------------- OP.1218/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER: --------------- PRIYA K. KARUNAKARAN, W/O. RADHAKRISHNAN, PRIJO BHAVAN, M.NORTH, PURAMATTOM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI. ABRAHAM SAMSON SMT. LOVELY SAMSON RESPONDENT: ---------------- RADHAKRISHNAN, S/O.LATE SHANKARAN, HOUSE NO.C.C. 12/621, MATTANCHERRY VILLAGE, KOCHI TALUK. BY ADV. SRI.K.D.PAUL DALIN SRI.P.A.AUGUSTINE(AREEKATTEL) SRI.M.K.MURARI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- Tr.P.(C) No.15 OF 2008 -------------------------- Dated this the 19th day of February, 2008 O R D E R ~~~~~~~ This transfer petition is preferred to transfer O.P.No.1218/2007 pending before the Family Court, Ernakulam to the Family Court, Thiruvalla. The wife is the transfer petitioner and the husband has filed a petition for divorce. The couple are blessed with a child and the profession of the father of the transfer petitioner is a barber. It is submitted that there is nobody to accompany her every time to Ernakulam and the financial position also is weak. Learned counsel for the transfer petitioner has also produced some documents for perusal before me which show that the child was suffering from broncho pneumonia and he is an under weighed child with recurring respiratory tract infection. It is also seen that the child was suffering from Chickkun Guniya which has also affected the capacity. Therefore, the plight of the wife appears to be very difficult and therefore I feel there are sufficient grounds to transfer O.P.No.1218/2007of the Family Court, Ernakulam to the Family Court, Thiruvalla. At the same time, I make it clear Tr.P.(C) No.15/2008 2 that unless really the presence of the parties is necessary, the court shall not insist for their presence and when applications are moved on genuine grounds their presence shall be dispensed with. The transfer petition is disposed of accordingly. (M.N.KRISHNAN, JUDGE) ps