IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Tr.P(C).No. 1 of 2009() ----------------------- OP.1406/2008 of FAMILY COURT,THRISSUR .................... PETITIONER (S): RESPONDENT ------------------------------------------ ANEESA, D/O. ABDULLA, THAZHEKOTTOLIL HOUSE, MUNDATHODU, KADAVATHUR P.O., TELLICHERRY TALUK, KANNUR DISTRICT. BY ADV. SRI.K.V.SOHAN RESPONDENT(S): PETITIONER --------------- BINU RAFEL, S/O. RAFEL, PERUMOTTIL, PADUKKADU, PERUMATTIL, VIYYOOR VILLAGE, TRICHUR DISTRICT. ADV. SRI.BINDU SREEKUMAR FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TPC 1/2009 ORDER IN I.A.NO.1/2009 IN TPC NO.1/2009 DISMISSED 20.2.2009 K.T.SANKARAN, JUDGE /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- Tr.P.(C).No.1 of 2009 --------------------------------------------- Dated this the 20th day of February, 2009 ORDER The respondent husband filed O.P.No.1406/08 for restitution of conjugal right before the Family Court, Thrissur. The respondent belongs to Thrissur. The petitioner wife is a native of Thalassery. The prayer in the Transfer petitioner is to transfer the case from the Family Court, Thrissur to the Family Court, Kozhikode. 2. It is stated by the petitioner that she has to maintain a child of tender age and nobody is there to accompany her from Thalassery to Thrissur, so as to attend the Family Court at Thrissur. The father of the petitioner is employed abroad. It is stated that in order to attend the Family Court at Thrissur, the petitioner will have to undertake an overnight journey. The respondent is a business man. The hardship that would be caused to the petitioner, if she were to attend the Family Court at Thrissur is much more than the inconvenience that would be caused to the respondent to attend the Family Court at TPC No. 1 /2009 2 Kozhikode. Taking into account the facts and circumstances of the case, I am of the view that the prayer made by the petitioner is just and reasonable. Accordingly, the Transfer Petition is allowed. O.P.No.1406/08 pending before the Family Court, Thrissur shall stand transferred to the Family Court, Kozhikode. The Registry shall forward a copy of the judgment to the Family Court, Thrissur and to the Family Court, Kozhikode. K.T.SANKARAN, JUDGE csl TPC No. 1 /2009 3 K.T.SANKARAN, JUDGE csl TPC No. 1 /2009 4