IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Tr.P(C).No. 43 of 2008() ------------------------ OP (HMA) NOS. 470/07 & 595 OF 2007 PENDING BEFORE THE FAMILY COURT, KOLLAM, AND TRANSFER TO FAMILY COURT, ALAPPUZHA PETITIONER : ----------------- SREERENJINI, D/O.SUBRAMANIAN PILLAI, AGED 31, GOMATHY BHAVAN, HARIPPAD EAST NADA, HARIPPAD P.O., KARTHIKAPPALLI TALUK. BY ADV. SRI.S.SREEKUMAR RESPONDENT: ------------- R.RAJESH, S/O.M.K.RAJASEKHARAN PILLAI, AGED 33, KAMALALAYAM, KOTTARAKKARA, PERINAD P.O. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- Tr.P.C. NO. 43 OF 2008 --------------------- Dated this the 8thday of February, 2008 ORDER This transfer petition is filed by the petitioner/wife with a prayer to transfer OP (HMA) Nos. 470/07 & 595 of 2007 pending before the Family Court, Kollam, to Family Court, Alappuzha. 2. The contention of the petitioner is that she is residing at Haripad in Alappuzha and there is nobody to accompany her and therefore prays that the case may be transferred. Admittedly, she is residing at Haripad. Haripad is at the national highway to Kollam. The distance between Haripad and Alappuzha is 30 Kms whereas from Haripad to Kollam is 50 Kms. If she can travel alone to a distance of 30 Kms there will not be any difficulty for her to travel 50 Kms. as well, in the present circumstances where the transport facilities are really good. But, at the same time, I feel that unnecessary harassment of her should be avoided. Therefore, I decline the jurisdiction to transfer the case. But at the same time, I direct the Family Court, Kollam not to insist for her presence on every occasion unless, it is strictly warranted. If Tr.P.C. No.43/08 2 the petitioner moves an application for exemption on genuine grounds, that has to be considered sympathetically. If the counselling is over and the matter has to be tried and decided then, her personal presence may be insisted only at the stage of evidence. The transfer petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps Tr.P.C. No.43/08 3