IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Tr.P(C).No. 29 of 2007() ------------------------ OPHMA.778/2006 of FAMILY COURT, NEDUMANGAD .................... PETITIONER -------------- SUSHAMA DEVI, AGED 42 YEARS, S/O.BHASKARAN PILLAI, R.S.BHAVAN, SREERAMAPURAM, MEVANAKKONAM CHERRY, KALUVATHUKKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: ------------- 1. M.N.RAJENDRAN PILLAI, AGED 50 YEARS, D/O.MADHAVAN PILLAI, JANARDHANA BHAVAN, PEDIKKULAM, PULIMATHU VILLAGE, CHIRAYANKEEZHU TALUK, 2. VIJAYAKUMARAN PILLAI, AGED 45 YEARS, S/O.VELAYUDHA KURUP, PARAMESWARA VILASOM, NADACKAL CHERY, KALLUVATHUKKAL VILLAGE KOLLAM DI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 224/07 IN Tr.P.C 29/07 DISMISSED 28.1.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- Tr.P.C. NO. 29 OF 2007 --------------------- Dated this the 28th day of January, 2008 ORDER This transfer petition is preferred to transfer OP (HMA) 778/06 pending before the Family Court, Nedumangadu to the Family Court, Kollam. The present petitioner is the wife who is the respondent in the case for divorce pending before the Family Court, Nedumangadu. It is submitted that she is a deserted wife shouldering the responsibility of maintaining two children and she is unable to proceed to Nedumangadu to conduct the case, which is about 60 Kms. away from her residence. It is also submitted by her that a case filed by the husband is pending before the Family Court, Kollam and there are two other matters filed by the wife in Family Court, Kollam. It is on account of the financial constraints as well as the inability to travel, she prays for a transfer. 2. The 2nd respondent is served and notice is given to the counsel appearing for the 1st respondent in the lower court. They have not entered appearance nor filed any objections. So the averment in the transfer petition remains uncontroverted. Tr.P.C. No.29/07 2 3. The reasons stated in the transfer application are sufficient to effect the transfer as the comparative hardship is more on the wife rather than on the husband. Therefore, transfer petition is allowed. OP (HMA)778/06 pending before the Family Court, Nedumangadu is transferred to the Family Court, Kollam for trial and disposal along with the other cases filed by the petitioner. M.N.KRISHNAN, JUDGE vps Tr.P.C. No.29/07 3