IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Tr.P(C).No. 22 of 2008() ------------------------ OS.89/2007 of FAMILY COURT,KOLLAM .................... PETITIONERS ----------------- 1. PRASANNAKUMARI, HINDU, AGED 45 YEARS, D/O.SARASAMMA, BHASURA VILASAM, ELAMADU VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. SARASAMMA AMMA, W/O.BALAKRISHNA PILLAI, HINDU, AGED 74 YEARS, BHASURA VILASAM, ELAMADU VILLAGE, KOTTARAKKARA TALUK, KOLLAM DIST. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT: ------------- JANARDHANAN PILLAI, HINDU, AGED 45 YEARS S/O.KUTTAN PILLAI, VALIYATHU PUTHEN VEEDU, KARANCODE P.O., VARINJAM MURI, KALLUVATHUKKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 152/08 IN Tr.P.C 22/08 DISMISSED 25.1.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- Tr.P.C. NO. 22 OF 2008 --------------------- Dated this the 25th day of January, 2008 ORDER This transfer petition is filed by the 1st petitioner to transfer OS 89/07 pending before the Family Court, Kollam to Family Court, Kottarakkara, where OP 679/07 is pending. The grounds alleged for transfer are that she has to travel a long distance and have to look after the minor children. 2. Learned counsel for the respondent very strongly objects the transfer on the ground that firstly it was the respondent, who filed the suit OS 89/07 and that OP 679/07 is only a counter blast of OS 89/07. It is further contended by him that he has to change two buses to reach Kottarakkara and it will be inconvenient for him and therefore suggest that the transfer may be done in the reverse direction. In the cases of transfer of Family Court matters necessarily one party has to suffer. The Apex court has laid down that in these type of cases it is the comparative hardship that has to be looked into. Women being the weaker section of the Society the comparative hardship and difficulties are always more on them. Tr.P.C. No.22/08 2 Taking note of these circumstances, though it is strongly opposed by the learned counsel for the respondent, I hold that the comparative hardship is more on the wife. Therefore, I direct that OS 89/07 pending before the Family Court, Kollam be transferred to the Family Court, Kottarakkara, where OP 679/07 is pending. I make it clear that if personal appearance of the parties is not really necessary, it shall not be insisted and when the respondent/husband moves an application for exemption on genuine grounds, that also shall be liberally allowed. Transfer petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps Tr.P.C. No.22/08 3