IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Tr.P(C).No. 242 of 2007() --------------------------------- OP.1199/2007 of FAMILY COURT,THRISSUR .................... PETITIONER: -------------------- BINDU, AGED 35 YEARS, D/O. LEELABHAI, "SREESANTHI", MYTHRI NAGAR, PATHANAMCHERI VADAKKEVILA, KOLLAM. BY ADV. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) SRI.B.K.RAJAGOPAL RESPONDENT: --------------------- NARAYANAN, AGED 42 YEARS, S/O. LATE ACHUTH WARRIER, "PADMALAYAM", CHOVALLUR, KANDANASSERI, THRISSUR. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 242 OF 2007 = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T This Transfer Petition is filed to transfer O.P.1199/07 pending before the Family Court, Thrissur to the Family Court, Kollam. The ground for transfer is that she is residing at a place 220 kl.mtrs. away from Thrissur and there is nobody to accompany her. It is further averred that the petition is filed for declaring the marriage as null and void and in the alternative one for divorce on the ground that the transfer petitioner is mentally ill. 2. It is submitted that being a lady and as she is residing at a distance more than 220 kl.mtrs. she cannot travel alone and it will cause her difficulties and embarrassment and therefore requests for a transfer. On the other hand the husband would contend that the Family Court, Thrissur is having jurisdiction and further being a Tr.P.C. NO. 242 OF 2007 -:2:- hereditary employ of the Guruvayoor Devaswom he is unable to get leave and travel to Kollam may take one or two days for going and coming back and therefore it need not be transferred. 3. In a case of matrimonial dispute always the difficulty of the weaker person has to be taken into consideration and the comparative hardship shall also is to be assessed in that way. The allegation in the matrimonial petition itself would reveal that the wife is having some mental problem and being so for a person of that age to travel alone from Kollam to Thrissur every time will cause inconvenience and she may also require support of somebody else. So I am satisfied that comparative hardship is in favour of wife. In order to reduce the difficulty of the husband I feel that the Family Court can dispense with his presence on every hearing date. His presence may be insisted only on the days for counseling or when the matter is about to be posted for evidence and when applications are filed for exemption from appearance it may be liberally granted. Therefore the Tr.P.C. is allowed and O.P.1199/07 Tr.P.C. NO. 242 OF 2007 -:3:- pending before the Family Court, Thrissur is transferred to the Family Court, Kollam with the above directions. M.N. KRISHNAN, JUDGE. ul/-