IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Tr.P(C).No. 41 of 2008() ------------------------ OP.70/2008 of FAMILY COURT, NEDUMANGAD .................... PETITIONER ------------------- SHIFANA OOBAID, AGED 18 YEARS, D/O. SRI. OOBAID, RESIDING AT 7 - 4, ARAAFATH, A.C.CITY GOLD, ST.JAMES ROAD, THAIKOODAM, VYTTILA, KOCHI-19. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SMT.R.BEENA RESPONDENT: ------------- 1. SAIJU GAFOOR, AGED 27 YEARS, S/O. SRI. ABDUL GAFOOR, RESIDING AT KOPPRAPURA HOUSE, MADANVILA, PERUMATHURA P.O., AZHOOR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 2. SHIYAS ALI, AGED 45 YEARS, RESIDING AT SHANU VILLA, PALLINADA, CHITTATTUMUKKU P.O., KANIYAPURAM. 3. SHAHEER ALI, AGED 42 YEARS, RESIDING AT SHANU VILLA, PALLINADA, CHITTATTUMUKKU P.O., KANIYAPURAM. BY ADV. SRI.P.V.ANIL THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008 ALONG WITH Tr.P.C.42/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.349 OF 2008 IN TR.P.C. NO.41 OF 2008 DISMISSED 19/3/08 SD/- M.N. KRISHNAN, JUDGE. [ True Copy ] P.A. TO JUDGE. M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NOs. 41 & 42 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of March, 2008. J U D G M E N T Both these transfer petitions are filed by the wife in relation to O.P.68/08 and O.P.70/08 which are filed for restitution of conjugal rights and with reference to issuance of a permanent injunction. Meanwhile the wife has filed an application O.P.43/08 to declare the marriage as null and void on the ground that the consent has been obtained by fraud. 2. The marriage was conducted under the Special Marriage Act. Now, the grievance is that if the petitioner is forced to travel Thiruvananthapuram there may not be anybody to accompany her and it will cause her difficulty and she may not be able to return on the same day and therefore she request for a transfer. It is also submitted that she has filed a case for declaration of the marriage as null and void and only as a counter blast a petition for restitution of Tr.P.C. Nos.41 & 42 OF 2008 -:2:- conjugal rights and permanent injunction is filed by the husband. 3. Being a matrimonial dispute the Court is more concerned about the comparative hardship. Being an young girl just aged 18 years she finds it difficult to travel alone especially under the peculiar circumstances under which the marriage has taken place. So the comparative hardship lies more on her than on the husband who is an able bodied man. Therefore I transfer O.P.Nos.68/08 and 70/08 pending before the Family Court, Nedumangad to the Family Court, Ernakulam for trial and disposal. 4. I make it very clear that there need not be insistence for the presence of the parties on each and every posting date and the husband may be directed to be present only for the purpose of conciliation or for evidence and on other posting dates when an application is moved for exemption from personal appearance that may be liberally granted. The Tr.P.Cs. are disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-