IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Tr.P(C).No. 50 of 2008() --------------------------------- OPDIV.589/2007 of FAMILY COURT, THIRUVALLA ......... PETITIONERS: ------------------- 1. BINDYA LIZ ABRAHAM, W/O. MANOJ P.SAMUEL, CHERADIYIL HOUSE, MEENADOM KARA, MEENADOM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 2. DIYA SARAH MANOJ (MINOR), AGED 4 YEARS, D/O. MANOJ P.SAMUEL, CHERADIYIL HOUSE, MEENADOM KARA, MEENADOM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, REPRESENTED BY HER MOTHER AND NEXT FRIEND BINDYA LIZ ABRAHAM, THE 1ST PETITIONER HEREIN. BY ADV. SRI.T.MADHU SRI.SAJI JACOB RESPONDENTS: ----------------------- MANOJ P.SAMUEL, S/O. P.I. SAMUEL, PADIYARA MANCHIMA HOUSE, EZHUMATTOOR KARA, EZHUMATTOOR VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C) NO.50/2008 ORDER ON IA. NO.475/2008 IN TrP(C) NO.50/2008 DISMISSED 11.04.2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 50 OF 2008 = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008. J U D G M E N T This Transfer Petition is filed with a prayer to withdraw O.P.(Div) 589/07 pending before the Family Court, Thiruvalla and transfer the same to the Family Court, Kottayam at Ettumanoor to be tried along with M.C.47/08. It is submitted that the respondent is working in Shillong and his house in Kerala is in equal distance between the two courts at Kottayam and Thiruvalla. The petitioner is a Veterinary surgeon and she has got a minor girl. She has to travel for a time of three hours with the minor child and there is practical difficulty for her. None of these averments are controverted by the respondent though notice is served on him. Since practical difficulty is expressed by the wife, that is taken into consideration and transfer petition is allowed by transferring O.P.589/07 pending before the Family Court, Thiruvalla to Tr.P.C. NO. 50 OF 2008 -:2:- the Family Court, Kottayam at Ettumanoor to be tried along with M.C.47/08. Since the respondent has not entered appearance before this Court the Court shall intimate the counsel appearing for the respondent regarding the factum of transfer. The Tr.P.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-