IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Tr.P(C).No.193 of 2008 --------------------------- OP(HMA).327/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER/RESPONDENT:- --------------------------------- SUDHA RAGHAVAN, AGED 40 YEARS, W/O S.VIJAYAN, ARPANA BHAVAN, CHERTHALA KIZHAKKUM BHAGAM, VARANAD P.O., CHERTHALA, PRESENTLY RESIDING AT AMBALLOOR HOUSE, KARACKAL P.O., THIRUVALLA, PATHANAMTITTA DISTRICT. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL RESPONDENT/PETITIONER: --------------------------------- S.VIJAYAN, AGED 48 YEARS, S/O SREEDHARAN PRESENTLY RESIDING AT ARPANA BHAVAN, CHERTHALA KIZHAKKUM BHAGAM, KOKKOTHAMANGLAM P.O., CHERTHALA. ADV. SRI.P.MANOJ (KALAVELI) FOR R1 SRI.SHAIJU ANTONY FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Tr. P. C No.193 of 2008 ------------------------------------------------ Dated this the 12th day of December, 2008 ORDER Petitioner is the wife of the respondent. O.P.(HMA)327/08 on the file of the Family Court, Alappuzha is filed by the respondent against the petitioner. Petitioner prays for a transfer of the said case from the Family Court, Alappuzha to the Family Court, Thiruvalla. 2. It is submitted on behalf of the petitioner that the petitioner has got two daughters aged respectively eleven years and seven years born in the said wedlock; that the petitioner is now residing with her children in a rented house at Mepra near Thiruvalla which is close to her Tharvad house; that the respondent husband is not looking after the affairs of herself and her children and that Tr. P. C No.193 of 2008 -2- it is difficult for her to leave Thiruvalla and to proceed to attend the Family Court at Alappuzha leaving her school going children alone. 3. Counsel for the respondent submits that the respondent is having his residence at Cherthala and Family Court at Alappuzha will be equidistant for both parties and therefore a transfer may not be ordered. 4. It is worthy to note that the children born to the respondent are school going minor children residing with the petitioner in a rented house at Thiruvalla. In the circumstances, it is only proper that to suit the convenience of the petitioner, the case is transferred to the Family Court, Thiruvalla. 5. In the result, allowing this transfer petition, I order that O.P.(HMA).327/08 pending on the file of the Family Court, Tr. P. C No.193 of 2008 -3- Alappuzha shall stand transferred to the Family Court, Thiruvalla forthwith. K.P.BALACHANDRAN, JUDGE kns/-