IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Tr.P(C).No. 27 of 2008() ------------------------ TO TRANSFER OP 721/07 FROM FAMILY COURT, KANNUR TO FAMILY COURT, KALPETTA TO HAVE A JOINT TRIAL WITH OP 151/07 .................... PETITIONERS : ----------------- 1. SHYLAJA C.V., AGED 36 YEARS, D/O.VIJAYAN AND W/O.ANILKUMAR T.K., CHERUMTHADATHIL HOUSE, NOOLPUZHA AMSOM, NENMENIKUNNU P.O., SULTHAN BATHERY. 2. VIJAYAN, S/O.NEELAKANTAN, AGED 65 YEARS, CHERUMTHADATHIL HOUSE, NOOLPUZHA AMSOM, NENMENIKUNNU P.O., SULTHAN BATHERY. BY ADV. SRI.MATHEW KURIAKOSE SRI.JAWAHAR JOSE RESPONDENT: ------------- SHRI.ANILKUMAR, S/O.KUNJHIRAMAN, AGED 39 YEARS, THALIKKATTIL HOUSE, P.O.PATHAYAKUNNU, VALLIYAYI, THALASSERY, KANNUR 670 691. BY ADV. SRI.P.NARAYANAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- Tr.P.(C).No.27 of 2008 ------------------------------------------- Dated this the 17th day of March, 2008 ORDER This transfer petition is preferred to transfer O.P.No.721/07 from Family Court, Kannur to Family Court, Kalpetta where O.P.No.151/01 is pending consideration. O.P.No.721/07 is a petition for divorce on the ground that the wife is suffering from unsoundness of mind and O.P.No.151/07 is a petition for realisation of the amount towards the value of the gold ornaments. 2. I am also informed that the wife has also approached Judicial First Class Magistrate Court for the Protection of Women under Domestic Violence Act. The main grievance of the petitioner is that she has to travel a long distance and she is only having her father who is aged and sick and he will not be in a position to accompany her and it may not be difficult for them to stay at Kannur for the reason that they may be able to reach back at Wayanadu which is a remote place and therefore, prays indulgence to transfer the case. In a case of matrimonial dispute and in case of transfer what is to be considered is the Tr.P.C.No.27/2008 2 comparative hardship of the party and not the other factors. For ladies it is always difficult to travel without the assistance of an escort. 3. Therefore, considering all these factors, I am inclined to transfer O.P.No.721/07 from Family Court, Kannur to Family Court, Kalpetta where O.P.No.151/07 is pending. I make it clear that the husband shall not be insisted to be present on each and every posting date before the court below for the reason that he has also to travel a very long distance and when the personal appearance of the parties is strictly necessary for the purpose of the conciliation or for evidence, then only his presence need be insisted and when proper applications are filed, that may be sympathetically considered and allowed. With these observations, I transfer O.P.No.721/07 from Family Court, Kannur to Family Court, Kalpetta. M.N.KRISHNAN, JUDGE csl