IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Tr.P(C).No. 4 of 2008 ----------------------------- OP.726/2007 OF FAMILY COURT,KOZHIKODE ...................................... PETITIONER/PETITIONER ------------------------------------ SMITHA RAJAN,D/O. RAJAN, KADAVIL VEEDU, INCHAKKADU, MYLOM P.O., KOTTARAKARA. BY ADV. SRI.M.C.ANTONY RESPONDENTS: PETITIONER ------------------------------------------ SAM P. KOSHY S/O. P.C.KOSHY PALANGATTIL HOUSE, PUTHUPADY P.O. ENGAPUZHA, KOZHIKODE. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 4 OF 2008 = = = = = = = = = = = = = = = Dated this the 13th day of February, 2008. J U D G M E N T This Transfer Petition is preferred with a prayer to transfer O.P.726/07 pending before the Family Court, Kozhikode to the Family Court, Kottarakkara and for trial and disposal along with M.C.225/07 and O.P.606/07. Wife is the transfer petitioner and it is averred that she is having a child of one and half years and it is very difficult for her to travel with the child from Kottarakkara to Kozhikode and further she is not maintained by the husband and therefore she has filed an application for maintenance and the poor financial position also prevents her from making a long travel. Respondent served. He has not chosen to enter appearance or to controvert the averments made in the transfer petition. The grounds stated are sufficient to effect a transfer as the comparative hardship is more on the wife. Therefore I allow Tr.P.C. NO. 4 OF 2008 -:2:- this petition and transfer O.P.726/07 pending before the Family Court, Kozhikode to the Family Court, Kottarakkara. Since the respondent has not chosen to enter appearance before this Court the Family Court, Kozhikode is directed to intimate him about the factum of transfer. The Tr.P.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-