IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Tr.P(C).No. 304 of 2009() ------------------------- OP.1468/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------------------------- SRUTHI GEETHA, DAUGHTER OF SRI.RAJENDRA PRASAD, AGED 25 YEARS, RESIDING AT HOUSE NO.GRA765, 1ST FLOOR, GOWRISHAPATTAM, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN RESPONDENTS: --------------- 1. BITTU.B., S/O.SRI.G.BALARKRISHNAN NAIR, AGED 31 YEARS, RSIDING AT FLAT NO.7A, DD BHAVANAM, VIDYA NAGAR, KADAVANTHRA KOCHI-682 020, ERNAKULAM DISTRICT. 2. SANDEEP KUMAR AKKERA, ASSOCIATE PROJECTS, VANENBURG IT PARK-17 SOFTWARE UNITE LAY OUT MADHAPUR, HYDERABAD, ANDHRA PRADESH-500 081. ADV. SRI.BOBY MATHEW FOR R1 SMT.K.MEERA FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.(C).No. 304 of 2009 --------------------------------------- Dated this 08th day of July, 2010 ORDER This petition is for transfer of O.P.No.1468 of 2009 from Family Court, Ernakulam to Family Court, Thiruvananthapuram. That is a suit filed by respondent No.1/husband for dissolution of marriage on various grounds including adultery. According to the petitioner she is now staying at Thiruvananthapuram in connection with employment. Her child aged about 2 years has undergone heart surgery at Thiruvananthapuram and is undergoing treatment in Sri Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram. In the circumstances, she stated that it is difficult for her to attend the court at Ernakulam. Respondent No.2 was served on this petition but there is no response. Respondent No.1 states that attempt is to harass respondent No.1 by getting the case transferred to Family Court, Thiruvananthapuram. 2. I have gone through the averments in the petition. It is not disputed before me that petitioner has a daughter aged about 2 years with her and who has undergone heart surgery. Petitioner is working at Thiruvananthapuram. In such a Tr.P.(C).No.304 of 2009 : 2 : circumstances it will be difficult for her to travel a long distance from Thiruvananthapuram to Ernakulam to conduct the case. Petitioner may have to be accompanied by some relative of her in all her journey. Having regard to the facts and circumstances of the case I am inclined to accept the request for transfer. Resultantly this petition is allowed. O.P.No.1468 of 2009 pending in Family Court, Ernakulam is withdrawn from that court and transferred to Family Court, Thiruvananthapuram. Transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-