IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Tr.P(C).No. 269 of 2007 -------------------------------- (TO TRANSFER O.P.808/2007 BEFORE THE FAMILY COURT,KOZHIKODE TO FAMILY COURT, MALAPPURAM) .................... PETITIONER/RESPONDENT: ---------------------------------------- REJULA E.T., D/O MOOSA, ERANHIKKAL THALAPPIL HOUSE, THURAKKAL, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR. RESPONDENT/PETITIONER: ----------------------------------------- ABDUL RAHIM, S/O SAIDALAVI, FATHIMA HOUSE, VYDHYARANGADI, RAMANATTUKARA, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== Tr.P.(C) No.269 OF 2007 ===================== Dated this the 23rd day of January 2008 JUDGMENT This transfer petition is filed by the wife for transfer of O.P.No.808 of 2007 from the Family Court, Kozhikode to the Family Court, Malappuram to be tried along with O.P.No.446 of 2007 and M.C.No.488 of 2007. It is submitted that the wife has filed O.P.No.446/2007 and M.C.No.488 of 2007 before the Family Court at Malappuram for getting maintenance as well as for return of money, gold ornaments, etc. The main grievance of the petitioner is that she has got a child of 1 ½ years old and as there is nobody to accompany her to Kozhikode and as her financial condition is poor the case may be transferred to the Family Court at Malappuram. In these type of cases, it is the comparative hardship, that is to be considered. The husband, I am informed is running a store at Kondotti. It may be really difficult for the petitioner to travel with a 1 ½ year old child, that too in poor financial circumstances to Kozhikode and come back every time. The comparative hardship is more on the wife rather than on the husband. Therefore, I transfer O.P.No.808 of 2007 pending before the Family Tr.P.(C) 269/2007 -:2:- Court, Kozhikode to the Family Court at Malappuram for trial and disposal along with O.P.No.446/2007 and M.C.No.488 of 2007. I make it very clear that if the personal attendance of the husband is not necessary before the Family Court at Malappuram, it shall not be insisted upon and when applications are made on genuine reasons that may be considered sympathetically. Tr.P.C is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-