IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Tr.P(C).No. 276 of 2007() ------------------------- OPGW.1102/2007 of FAMILY COURT,TRIVANDRUM .................... PETITIONER/COUNTER PETITIONER IN THE OP: ---------------------------------------------------- SALINI M.S,D/O.SATHYAN M.P, MADATHIPARAMBIL HOUSE,PERAMBRA P.O,CHALAKUDY, THRISSUR DISTRICT. BY ADV. SRI.K.K.JAYASOORIAN SRI.P.M.KUNJIMOIDEENKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN RESPONDENT/PETITIONER IN THE OP: ----------------------------------------- SOBHA KUMAR G,MANI BHAVAN,TC 3/2358, MARAPPALAM,PATTOM,KAWDIAR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.No.3196/07 IN TR.P.C.276/07 DISMISSED// 10.01.2008 SD/-(M.N.KRISHNAN, JUDGE.) M.N.KRISHNAN, J. -------------------------- Tr.P.C. NO. 276 OF 2007 --------------------- Dated this the 10th day of January, 2008 ORDER This transfer petition is filed to transfer OP (G&W) 1102/2007 pending before the Family Court, Thiruvananthapuram to Family Court, Thrissur. The averment is to the effect that the petitioner being a lady, cannot travel with a small child all the way from Thrissur, where she is residing, to Thiruvananthapuram. She also contends that there is a threat to her life. It is true that in these type of cases it is the comparative hardship that may have to be looked into. The petition is one for custody of the child. Rightly or wrongly, the child is now residing at Thrissur. In custody cases, the child has to be produced of and on before the court. A lady with a small child will certainly find it difficult to travel from Thrissur to Thiruvananthapuram frequently. If the case is transferred, the respondent has to travel from Thiruvananthapuram to Thrissur. That is why I have stated earlier that the court has to weigh the comparative hardship and I find that it will be more for the women and the child rather than the husband. Tr.P.C. No.276/07 2 Without expressing anything on the merits of the case, OP (G&W) 1102/2007 pending before the Family Court, Thiruvananthapuram is transferred to Family Court, Thrissur, for trial and disposal. Learned counsel for the respondent would submit that the child is being harassed. Whatever it may be, I direct the Family Court, Thrissur, on receipt of the records to try and dispose of the matter, as expeditiously as possible, within a period of three months from the date of receipt of the records. M.N.KRISHNAN, JUDGE vps Tr.P.C. No.276/07 3