IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Tr.P(C).No. 8 of 2008() ----------------------- OP.1621/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER ------------- MINI @ SARAMMA ,W/O.THOMAS VARGHESE VEDANPARAMPIL PUTHENPURAYIL,AMICHAKARY PO CHATHANKERY, THIRUVALLA. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SRI.T.P.PRADEEP SMT.PREEJA. P.VIJAYAN SRI.SHIJU ABRAHAM VERGHIS RESPONDENT: --------------- THOMAS VARGHESE, ILLIKKAL HOUSE DOOR NO. 24/147,ILLIKKAL ROAD PATHADIPPALAM,CHANGAMPUZHA NAGAR KALAMASSERY, ERNAKULAM. BY ADV. SRI.P.A.ABDUL JABBAR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.No.35/08 IN TR.P.C.8/08 //DISMISSED// 03.03.2008 SD/- (M.N.KRISHNAN, JUDGE) M.N.KRISHNAN, J. ------------------------------------------- Tr.P.(C)No.8 of 2008 ------------------------------------------- Dated this the 3rd day of March, 2008 ORDER This transfer petition is preferred with a prayer to transfer O.P.No.1621/07 pending before the Family Court, Ernakulam to Family Court, Thiruvalla. 2. It is strongly objected by the respondent on the ground that the grounds suggested are not proper. It is submitted by the learned counsel that she is working abroad and so, question of traveling from Thiruvalla to Ernakulam may not cause any problem. The settled position of law now is in such cases, the court has to consider who will have the comparative hardship more and then the court has to take a decision. The Supreme Court has also observed that ladies are exploiting liberal view taken by the Apex Court and therefore, there cannot be a uniform practice to transfer the cases at the request of the ladies. But, here is a case where the wife is looking after the three year child of the couple. It is submitted by her that she may have to Tr.P.No.8/2008 2 change three buses and she is unemployed now. The parents of the petitioner is at Palakkad and there will not be anybody to accompany her for her travel. 3. I feel these are some grounds which can be looked into for the reason that a young lady with three year old child may not be in a position to come off and on to Ernakulam by changing three buses and return back from Ernakulam to Thiruvalla for which the running time will be not less than three hours. Therefore, as far as the husband is the person who has to be more concerned for the welfare of the wife, as he wants restitution of the conjugal rights he can travel this distance. Therefore, I find the comparative hardship in favour of the wife for transfer of O.P.No.1621/2007 which is pending before the Family Court, Ernakulam to Family Court, Thiruvalla. The Transfer petition is disposed of accordingly. M.N.KRISHNAN, JUDGE csl