IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Tr.P(C).No. 318 of 2008() ------------------------- OP.85/2004 of FAMILY COURT,TRIVANDRUM .................... : PETITIONER/RESPONDENT ----------------------------------------- PADMINI.S., D/O.BHARATHAN MENON, KADAYIL HOUSE, GANDHI NAGAR, CHEROOR, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): RESPONDENT ------------------------------------ S.HARIDASAN, S/O.S.SADASIVAN, KIZHAKKEDATHY VEEDU, PALAYAMKUNNU P.O. THIRUVANANTHAPURAM. ADV. SMT.K.KUSUMAM FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.2710/2008 IN Tr.P.(C) 318/2008 24.3.2009 DISMISSED Sd/- M.SASIDHARAN NAMBIAR JUDGE /true copy/ P.S to Judge M.SASIDHARAN NAMBIAR,J. =========================== Tr.P(C) NO. 318 OF 2008 =========================== Dated this the 24th day of March,2009 JUDGMENT Petitioner is the wife and respondent the husband. Respondent filed O.P.85/2004 before the Family Court, Thiruvananthapuram. The relief sought for originally was restitution of conjugal rights. Later on it was amended seeking a dissolution of the marriage. Petitioner is a resident of Thrissur and respondent Thiruvananthapuram. Case of the petitioner is that she and her children cannot go over to Thiruvananthapuram and contest the case as they have no means and in such circumstance, the case is to be transferred to Family Court, Thrissur. 2. Learned counsel appearing for the respondent opposed the application for transfer contending that the case is ripe for Tr.P.(C) No318/2008/2009 2 trial and therefore there is no necessity to transfer the case. 3. When the petitioner is the wife who has to defend the case pending before Family Court and she is a resident of Thrissur and claims that she has no means to contest the case at Thiruvananthapuram, and that fact is not denied, in the interest of justice, the case is to be transferred. The petition is allowed. O.P.85/2004 on the file of the Family Court, Thiruvananthapuram is withdrawn and transferred to Family Court, Thrissur for disposal in accordance with law. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,200