IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Tr.P(C).No. 272 of 2007 -------------------------------- (OP.676/2007 OF FAMILY COURT,KOLLAM) .................... PETITIONER/RESPONDENT/WIFE: ------------------------------------------------- V.K.AMBIKA, AGED 35 YEARS, D/O.V.N.KUMARAN, V.K.BHAVAN, ENNAL PARA, THAYANNOOR P.O., HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS. RESPONDENT/PETITIONER/ HUSBAND: --------------------------------------------------------- S.PRASANNAN, S/O.SREEDHARAN, PRAKASH BHAVAN, PUNUKKANNOOR, ELAMBALOOR VILLAGE, PERUMPUZHA P.O., KOLLAM DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== Tr.P.(C) No.272 OF 2007 ===================== Dated this the 31st day of January 2008 JUDGMENT This transfer petition is preferred with a prayer to transfer O.P.No.676 of 2007 pending before the Family Court, Kollam to the Family Court, Kasargod. Respondent served. No appearance. The averments in the transfer petition remain uncontroverted. The wife is the respondent in the divorce petition filed by the husband. She has to file an application for maintenance and that has been ordered. It is submitted by the petitioner that she is having a child and she is finding very difficult to travel to Kollam and therefore she prays for transfer of the case. In these type of cases, it is the comparative hardship that is to be considered. The petitioner is a woman. She is not having any financial support. She is having a small child and there are no relatives to accompany her every time. So the comparative hardship is more on the wife rather than on the husband. Therefore I allow the transfer petition and direct the Family Court, Kollam to transfer O.P.No.676 of 2007 to the Family Court at Kasargod. Since the respondent has not entered appearance before this Court, I direct Tr.P.(C) 272/2007 -:2:- the Family Court, Kollam to give notice to the petitioner in O.P.No.676 of 2007 before effecting transfer. M.N.KRISHNAN, JUDGE Cdp/-