IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 Tr.P(C).No. 38 of 2011() ---------------------------------- O.P.NO.1473/2010 of FAMILY COURT,THRISSUR .................... PETITIONER --------------------- BINDU VARGHESE, D/O. VARGHESE, PICHANATTUPARAMBIL(H), AYAKKADU. THRIKKARIYOOR.P.O KOTHAMANGALAM, ERNAKULAM. BY ADV. SMT.D.MINI RAJAN RESPONDENT(S): -------------------------- JIMSON DAVID, S/O. DAVID, CHERUVATHOOR(H.S), AJANTHA ISLAND, HOUSE NO.18, KUNNAMKULAM, THRISSUR.PIN-676 006 BY ADV. SRI.V.J.BINU JELSON SRI.T.R.MADHU SRI.O.SAJEEVAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C). No. 38 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2011. ORDER This is a petition filed seeking transfer of O.P.1473 of 2010 pending before the Family Court, Thrissur to Family Court, Ernakulam for trial and disposal. 2. The marriage between the petitioner and respondent took place on 30.8.2004 at Kunnamkulam and they have a female child in the wedlock. The details of the married life and subsequent difference of opinion are detailed in the petition, which are not very relevant for the present purpose. 3. It is seen that the respondent has instituted O.P.1473 of 2010 before the Family Court, Thrissur. Petitioner says that she finds it difficult to go to Thrissur as she is employed in Ernakulam and therefore the petition may be transferred to Family Court, Ernakulam. Tr.P(C).38/2011. 2 4. The respondent entered appearance and filed a counter. It is pointed out that the female child in the wedlock is with the respondent and he is looking after the child. The child is said to be suffering from an illness, which necessitates constant care and attention. Accordingly, it is contended that the transfer of the petition from Thrissur will cause considerable difficulty and inconvenience to him as he has to leave the child at home to attend the court at Ernakulam. It is pointed out that the petitioner is residing at Kothamangalam and she is coming daily to Ernakulam in connection with her job and if that be so, there will be no hardship caused to the petitioner to go to Thrissur to attend the case. 5. Normally, this court would have allowed a petition filed by wife for transfer on sympathetic grounds. But in this case, the facts reveals that there is a girl child in the wedlock, who is being looked after by the husband. It is also pointed out that the child is suffering from an illness and the child needs constant care and attention. If that be Tr.P(C).38/2011. 3 so, to ask the respondent to leave the child at home and come over to Ernakulam to attend the case will cause considerable hardship to him. As rightly pointed out by the learned counsel for the respondent, if the petitioner can travel from Kothamangalam to Ernakulam, then there is no reason as to why she could not travel to Thrissur. In the result, this petition is dismissed. P. BHAVADASAN, JUDGE sb.