IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Tr.P(C).No. 63 of 2008() --------------------------------- OP.1610/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER ------------------- SUCHITRA P. D/O. VENUGOPALAN NAIR SREENIKETHANAM HOUSE, THATTAMPADY, EDAPPAL PO MALAPPURAM DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) SRI.VINOD RAVINDRANATH RESPONDENTS: ------------------------ SANTHOSH KUMAR K.K. S/O.KRISHNAN NAIR, KOTTARAPPILLY HOUSE, MARAMPILLY VILLAGE,KUNNATHUNADU TALUK ERNAKULAM DISTRICT. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 63 OF 2008 = = = = = = = = = = = = = = = Dated this the 9th day of April, 2008. J U D G M E N T This Transfer Petition is filed with a prayer to transfer O.P.1610/07 from the Family Court, Ernakulam to the Family Court, Malappuram where two other matters filed by the Transfer Petitioner is pending. It is submitted that the said applications have been filed only after the filing of this petition. The petition is one for declaration of marriage as null and void under Section 12 of the Hindu Marriage Act. The learned counsel for the respondent would submit that it will be inconvenient if it is transferred to Malappuram and if the Court is inclined to transfer it may be done to the Family Court at Thrissur. I do not want to inconvenience both the parties by passing an order of that nature but I will protect the inconvenience that will be caused to the respondent in this Transfer Petition by imposing certain conditions. Tr.P.C. NO. 63 OF 2008 -:2:- 2. It is submitted that the wife is not in a position to travel and she is not supported by anybody and it has been held by the Supreme Court that in cases of such nature comparative hardship has to be taken into consideration. Therefore I allow the prayer and transfer O.S.1610/07 pending before the Family Court, Ernakulam to the Family Court, Malappuram. I make it clear the Family Court, Malappuram shall not insist the presence of the husband on each and every hearing date and his presence may be required only for the purpose of conciliation or at the stage of evidence. On all other occasions his personal appearance may be dispensed with and for even other reasons where there are genuine reasons, exemption may be granted. 3. It is submitted that two other O.Ps.196/08 and 197/08 are also pending before the Munsiff Court. In that cases also I direct the Court not to insist for the presence of the parties on each and every occasion. The Tr.P.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-