IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 Tr.P(C).No. 322 of 2008() ------------------------- OP NO.1311/2007 OF FAMILY COURT, THRISSUR. OPHMA.1188/2008 of FAMILY COURT,THRISSUR .................... PETITIONER : ---------------------- LEENA , W/O.RAVINDRAN, RESIDING AT CHITTATTUVEEDU, KARIYAVATTOM P.O., TRIVANDRUM. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENT(S): --------------- RAVINDRAN, S/O.SANKARAN RESIDING AT SRAMBIKKAL VEEDU, KALAKKALLU VARAKKARA POST, THRISSUR. ADV. SRI.SHAJI P.CHALY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.(C) NO.322/08 ORDER IN I.A.NO.2776/2008 IN TR.P.(C) NO.322/2008 DISMISSED 2.3.2009 SD/- K.T.SANKARAN, JUDGE /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- Tr.P.(C).No.322 of 2008 --------------------------------------------- Dated this the 2nd day of March, 2009 ORDER This Transfer Petition is filed by the wife seeking to transfer O.P.No.1311 of 2007 and O.P.(HMA) No.1188 of 2008 pending before the Family Court, Thrissur to the Family Court, Thiruvananthapuram. The aforesaid Original Petitions were filed by the husband and the wife for divorce and for maintenance respectively. The petitioner wife belongs to Thiruvananthapuram. The husband belongs to Thrissur. According to the wife, she is unemployed. She has to maintain her two children aged 13 years and 8 years respectively. Her father is aged. The petitioner states that she is suffering from “many a health problem, including disc complaints, which makes it very difficult for her to travel long distances”. 2. According to the petitioner, unless the cases are transferred to the Family Court, Thiruvananthapuram, she would not be in a position to attend the Family Court. The distance between Thiruvanthapuram and Thrissur is about 300 kms. The wife says that she cannot travel to Thrissur and to attend the Family Court, Thrissur. The respondent husband has filed a TPC No. 322/2008 2 counter affidavit. The prayer for transfer is opposed. He states that he was working in the Middle East for quite sometime to maintain the family. He lost his job in the Middle East and he has come back to Kerala. Now he is residing at Thrissur and he has no job. It is stated that for looking after his aged father, he goes for coolie work. In the counter affidavit, it is stated that the petitioner wife is working in M/s.United Technologies (P) Ltd., K.V.Tower, Pattom, Kuravankonam, Thiruvananthapuram and she is getting a salary of Rs.5,000/-. This statement is not denied by the petitioner by filing a reply affidavit. It is also stated in the counter affidavit that Seena Sasi, the sister of the petitioner is residing at Cherppu, near Thrissur. It is stated that if the petitioner comes to Thrissur, she has somebody to rely upon for her stay or for other purposes. According to the wife, it is absolutely necessary that the cases should be tried before the Family Court, Thiruvanthapuram, while the husband says that there is no ground for transfer of the cases from the Family Court, Thrissur. Both parties are adamant on their stand. If the cases are tried at Thrissur, the wife has to travel for about 300 kms. from Thiruvananthapuram to Thrissur. If the cases are TPC No. 322/2008 3 transferred to the Family Court, Thiruvananthapuram, the husband will have to travel for more than 300 kms. to attend the Family Court at Thiruvananthpuram. 3. Taking into account the facts and circumstances of the case and also the comparative hardship that would be caused to the parties, I am of the view that to suit the general convenience of the parties, the cases are to be transferred to the Family Court, Alappuzha, which is situated about 150 kms. away from Thiruvananthapuram and Thrissur. If so, both parties will have to travel almost equal distance to attend the Family Court, Alappuzha. O.P.No.1311/07 and O.P.(HMA) No.1188/08 pending before the Family Court, Thrissur shall stand transferred to the Family Court, Alappuzha. The Registry shall send a copy of the judgment to the Family Court, Thrissur and the Family Court, Alappuzha. The Transfer Petition is allowed as above. K.T.SANKARAN, JUDGE csl