IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 Tr.P(C).No. 118 of 2011 -------------------------------- [O.P (HMA) NO.952/10 OF FAMILY COURT, KOLLAM] ........... PETITIONER: ------------------- VIBITHA.V., AGED 24 YEARS, D/O.V.K.VIJAYAN PILLAI, AYATHY PARAMBIL, AMBALAMEDU P.O., ERNAKULAM. BY ADV. SMT.R.PADMAKUMARI. RESPONDENT: ---------------------- SIVAPRAKASH.S., AGED 31 YEARS, S/O.SIVARAJAN, VETIYATH THEKKATHIL, KATTIL KADAVU P.O., ADINADU, KARUNAGAPPALLY, KOLLAM DISTRICT, PIN – 691 001. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T.SANKARAN, J. ------------------------------ Tr.P(C)No.118 OF 2011 ------------------------------ Dated this the 7th day of June, 2011 ORDER The prayer in this Transfer Petition is to transfer OP (HMA) No.952 of 2010 on the file of the Family Court, Kollam to the Family Court, Ernakulam. 2. The respondent filed OP(HMA) No.952 of 2010 on the file of the Family Court, Kollam against the petitioner for restitution of conjugal rights. According to the petitioner, there was no legal marriage. 3. It is stated that the petitioner is residing with her parents at Ernakulam. She is the only daughter of her parents. There is nobody to accompany her to Kollam for the purpose of attending the Family Court, Kollam. It is submitted that the petitioner is unable to undertake a long journey to Kollam for the purpose of conducting the case before the Family Court, Kollam. Tr.P(C)No.118 OF 2011 2 4. Though the respondent was served with notice, there is no appearance. 5. In the facts and circumstances of the case, I am of the view that the hardship that would be caused to the respondent by transferring the case from Kollam to Ernakulam will be lesser than the hardship that would be caused to the petitioner if the case is tried before the Family Court, Kollam. In the facts and circumstances of the case, the Transfer Petition is allowed. OP (HMA) No.952 of 2010 on the file of the Family Court, Kollam is transferred to the Family Court, Ernakulam. The Family Court, Kollam shall transmit the records to the Family Court, Ernakulam. K.T.SANKARAN, JUDGE. cms