IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Tr.P(C).No. 185 of 2008() ------------------------- OP.322/2008 of FAMILY COURT, PALAKKAD .................... PETITIONER:- ---------------- USHA, D/O KRISHNAN KUTTY GUPTHAN, URAKKATIL HOUSE, AMBALAVAYAL, NARIKKUNDA, P.O. NELLARACHAL (VIA), POTTAN KOLLIKA MALA, WAYANAD. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: ------------- S. PRASAD, S/O K. SRNIVASAN, 29/265. TEMPLE STREET, KANNAKI NAGAR, PALAKKAD DISTRICT. BY ADV. SRI.B.RAJEEV KOYICKAL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- Tr.P.(C) No.185 of 2008 ------------------------------- Dated this the 18th August, 2008. O R D E R This petition is filed under Section 24 of Code of Civil Procedure to transfer O.P.No.322 of 2008, on the file of Family Court, Palakkad, to Family Court, wayanad. Petitioner is the wife and respondent the husband. O.P.No.322 of 2008 is filed by the husband seeking divorce. The case of the petitioner is that she is residing at Wayanad and it is not possible for her to undertake the tedious journey from Wayanad to Palakkad and appear before Family court, Palakkad, and contest the case, and in such circumstances, the case may be transferred to Family Court, Wayanad. 2. Learned counsel appearing for the respondent opposed the application. It was argued by the learned counsel that respondent apprehends attack by the relatives of the petitioner, if he is compelled to appear before Family Court, Wayanad, and it is not possible for him to travel to Wayanad and Tr.P.(C) No.185 OF 2008 2 contest the case, and in such circumstances, case may not be transferred to Wayanad. 3. On hearing the learned counsel for both sides, I am of the view that if difficulties and inconveniences of the husband and wife are to be balanced, the difficulty and inconvenience of the wife would outweigh that of the husband. When the wife contends that there is nobody else to assist her or to accompany her to Palakkad, except her aged parents, and that too considering the distance from Wayanad to Palakkad, I find that there is reasonable difficulties and inconvenience for the wife to contest the case at Palakkad. The apprehension of the respondent with regard to the physical attack could be avoided by directing Family Court not to insist for his presence on each posting date, except when it is absolutely necessary and also providing protection, if necessary. In such circumstances, transfer petition is allowed. O.P.No.322 of 2008 on the file of Family Court, Palakkad, is withdrawn and is transferred to Family Court, Wayanad, for Tr.P.(C) No.185 OF 2008 3 disposal in accordance with law. Family Court, Wayanad, not to insist for the presence of the respondent-husband on all the posting dates, and he need present only on the dates posted for conciliation and for evidence. If the respondent files an application for protection, Family Court to consider the same and pass appropriate orders, in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE nj.