IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 Tr.P(C).No. 16 of 2009() ------------------------ OP.1099/2008 of FAMILY COURT, ETTUMANOOR .................... PETITIONER (S): -------------------- LEEJAMOL P.J., AGED 29 YEARS, D/O. JAMALUDHEEN, C/O. LINZAD, VAZHACHALIL HOUSE, OPP; KIZHAKKAMBALAM GRAMA PANCHAYATH OFFICE, KIZHAKKAMBALAM P.O., KOCHI 683 562, ERNAKULAM DISTRICT. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENT(S): --------------- ZAKKER, AGED 36 YEARS, S/O. ABDUL RAZAK, NADUCHIRA HOUSE, KUDAVECHOOR KARA. ADV. SRI.V.N.SASIDHARAN FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Tr.P.(C).No.16 of 2009 --------------------------------------------- Dated this the 2nd day of March, 2009 ORDER The petitioner wife filed O.P.No.1099/08 before the Family Court, Ettumanoor against the respondent husband for a decree to realise an amount of Rs.2,35,000/- and for return of gold ornaments allegedly belonging to her. It is stated that after filing O.P.No.1099/08, the petitioner shifted her residence and now she is residing at Kizhakkambalam in Ernakulam District. The petitioner has filed M.C.No.358/08 before the Family Court, Ernakulam, against the respondent claiming maintenance. The prayer in the Transfer Petition is to transfer O.P.No.1099/08 pending before the Family Court, Ettumanoor to the Family Court, Ernakulam. 2. The respondent husband belongs to Ettumanoor. It is stated that the petitioner has three children of tender years and two of them are residing with her and it is very difficult for her to go to the Family Court, Ettumanoor and to conduct O.P.No. 1099/08. In the changed circumstances, it is submitted that she had to shift her residence. It is stated by the counsel for the TPC No.16 /2009 2 petitioner that the petitioner is residing with her brother at Kizhakkambalam. Considering the comparative hardship that would be caused to either party if one case is transferred to the other court, I am of the view that the hardship that would be caused to the petitioner is much more than the hardship that would be caused to the respondent husband. For the aforesaid reasons, O.P.No.1099/08 pending before the Family Court, Ettumanoor shall stand transferred to the Family Court, Ernakulam where M.C.No.358/08 is pending. The Registry shall send a copy of the order to the Family Court, Ettumanoor and the Family Court, Ernakulam. The Transfer Petition is allowed as above. K.T.SANKARAN, JUDGE csl