IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Tr.P(C).No. 259 of 2007() ------------------------- TO TRANSFER OP NO.415/07 PENDING BEFORE THE FAMILY COURT, KOZHIKODE TO BE TRIED ALONG WITH MC.288/2007 of FAMILY COURT,KANNUR .................... PETITIONER ----------------- M.K.SAVITHA, AGED 27 YEARS, D/O.KUNHIKANNAN NAMBIAR, RESIDING AT MKK HOUSE, ERAMAM, ERAMAM VILLAGE AND POST, THALIPPARAMBU TALUK, KANNUR DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: ------------- SANTHOSH.A., AGED 33 YEARS, S/O.LATE NARAYANAN, RESIDING AT AREEKUZHIYIL HOUSE, CHEMMARATHUR P.O., KOTTAPPALLY VILLAGE, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P(C) NO.259/07 ORDER ON I.A.NO.2976/07 AND I.A.NO.592/08 IN I.A.NO.2976/07 IN TR.P.C.NO.259/07 DISMISSED 13.3.2008 M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE M.N.KRISHNAN, J. ------------------------------------------- Tr.P.(C).No.259 of 2007 ------------------------------------------- Dated this the 13th day of March, 2008 ORDER This transfer petition is filed by the wife to transfer O.P.No.415/07 pending before the Family Court, Kozhikode to the Family Court, Kannur where the petition for maintenance filed by the wife is pending as M.C.No.288/07. 2. The husband has instituted the proceedings for declaration of the marriage as null and void. Meanwhile, the wife has claimed maintenance from the husband. The result of the litigation depends upon the validity of the marriage and therefore, it is desirable, it is tried by one and the same court. It is submitted that the transfer petitioner is unable to travel and she has nobody to accompany her and being a lady, it causes inconvenience to her. On the other hand, it is submitted that she is a Post Graduate student in Veterinary Science and she always comes to Thrissur for her studies and so, these contentions are not acceptable. Being a lady, it is always difficult to come alone to a court. Further the wife is residing at Payyannur and the husband is residing at Vadakara and the distance from Kannur to TR.P.C 259/2007 2 Vadakara and Kozhikode to Vadakara are equal and therefore, it will not cause any inconvenience to the husband even if the case is transferred to the Family Court, Kannur. 3. Therefore, I transfer O.P.No.415/07 pending before the Family Court, Kozhikode to the Family Court, Kannur where M.C.No.288/07 is pending. I make it clear that unless the personal appearance of the parties is strictly necessary for the purpose of the litigation, when proper applications are filed their absence may be excused and the matter may be proceeded in accordance with law. The Transfer petition is disposed of accordingly. M.N.KRISHNAN, JUDGE csl