IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Tr.P(C).No. 262 of 2007() ----------------------------------- OP.491/2006 of FAMILY COURT,KOLLAM .................... PETITIONER : ----------------- R.MAYA, D/O.RADHAMMA, AGED 28 YEARS, EDAVANA HOUSE, NELLICKAL,KOIPPURAM P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.B.RENJITHKUMAR RESPONDENTS: ----------------------- S.JAYAKUMAR, S/O.K.SANKARAN NAIR, AGED 35 YEARS, JAYA NIVAS, AYANIVELIKULANGARA NORTH, S.V.M POST, KARUNAGAPPALLY, KOLLAM DISTRICT. PIN. 690544 BY ADV. SRI.SIVARAM R.MENON SRI.R.KISHORE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TrP(C) NO.262/2007 ORDER IA. NO.3037/2007 IN TrP(C) NO.262/2007 DISMISSED 14.01.2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 262 OF 2007 = = = = = = = = = = = = = = = Dated this the 14th day of January, 2008. J U D G M E N T This Transfer Petition is filed with a prayer to transfer O.P.491/06 on the file of the Family Court, Kollam to the Family Court, Thiruvalla. The petitioner is the wife. She has moved two applications O.P.Nos. 317/07 and 858/07 before the Family Court, Thiruvalla for maintenance as well as for patrimony. It is now averred that she is living very near the Thiruvalla Court and if she has to travel to Kollam she has to travel a distance of 100 K.M. and she is economically insecure whereas the husband is having a monthly income of Rs.30,000/- per month. Therefore taking all these grounds she prays for a transfer. 2. The learned counsel for the respondent in fairness submits that his client is working at Bangalore and it is through the power of attorney holder, i.e., father, the case is Tr.P.C. NO. 262 OF 2007 -:2:- being conducted. It is submitted that the father is aged and travelling from his place to Thiruvalla will equally cause inconvenience. In a suit for divorce for the purpose of counseling and for the purpose of evidence it is imperative that the husband has to be before the Court. It is submitted that as the wife and children are not maintained, an O.P. is filed before the Thiruvalla Court. It is also submitted that it may not be possible to travel 100 K.M. by the wife every time. When the comparative hardship between the husband and wife is considered it appears that the wife is having more problems than the husband. At the same time it is equally necessary to protect the interest of the husband as well. So, when the presence of the husband is required or when the presence of the power of attorney holder is absolutely required the Court may direct their presence but on all other occasions where it is only formal posting and when there is real inconvenience for the husband or the father as the case may be to attend the Court on genuine grounds, then on an application for Tr.P.C. NO. 262 OF 2007 -:3:- exemption, it shall be allowed by the Court thereby causing least inconvenience to them as well. With these observations I allow the Tr.P.C. and O.P.491/06 pending before the Family Court, Kollam is transferred to the Family Court, Thiruvalla for trial and disposal in accordance with law. M.N. KRISHNAN, JUDGE. ul/-