IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Tr.P(C).No. 268 of 2007 -------------------------------- O.P. NO.1481/2007 OF FAMILY COURT,ERNAKULAM .................... PETITIONER/RESPONDENT: ---------------------------------------- NIELOUFAR, D/O P.A.MUHAMMED, SILVER HILLS, MANICHIRA, POOMULLA P.O., SULTHAN BATHERY-673592. BY ADV. SRI.JIJO PAUL. RESPONDENT/ PETITIONER: ----------------------------------------- JIJUMON C.M., S/O C.B.MEETHIAN, CHOLLAMPATTU, KOTTAYATH HOUSE, CHIRAYAM, PANAYIKULAM, ERNAKULAM DISTRICT. BY ADV. SMT.M.SINDHU THANKAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 268 OF 2007 = = = = = = = = = = = = = = = Dated this the 12th day of February, 2008. J U D G M E N T This Transfer Petition is filed with a prayer to transfer O.P.1481/07 pending before the Family Court, Ernakulam to the Family Court, Wayanad at Kalpetta. Wife is the transfer petitioner. The husband has filed an application before the Family Court for restitution of conjugal rights. It is submitted by the wife that she is a person residing with her parents and having two children of four years and one year and she is unable to travel to Ernakulam and she is not in a position to travel because of the acute back pain and chronic pelvic inflammatory disease. Though notice is given to the respondent and it is served none of the averments are confronted. Considering the fact that she is a lady with health problems and there is nobody to look after her two children and also there is nobody to accompany her, I feel Tr.P.C. NO. 268 OF 2007 -:2:- the comparative hardship is more on the wife rather than on the husband. Therefore I allow this transfer petition and transfer O.P.1481/07 pending before the Family Court, Ernakulam to the Family Court, Wayanad at Kalpetta. Since the respondent had not entered appearance the Court below shall intimate about the factum of transfer to the counsel appearing for the petitioner therein. The Tr.P.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-