IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 Tr.P(C).No. 70 of 2009 TO TRANSFER OP(GW).580/2008 OF FAMILY COURT, THIRUVANANTHAPURAM TO THE FAMILY COURT, KASARAGOD PETITIONER ------------------- LAKSHMI.T.V.D/O.K.V.WARRIER, THEKKE VARIYAM,NEDUMPURA P.O. CHERUTHURUTHY, THRISSUR, NOW WORKING AT ALVA'S COLLEGE, MOODIBIDRI,KARNATAKA. BY ADV. SRI.C.DILIP RESPONDENT: --------------- DR.RAJA.G. S/O.K.G.GOPALAKRISHNA WARRIER TC 16/1829,NAVANEETHAM,GOWREESAPATTAM, THIRUVANANTHAPURAM. ADV. SRI.D.SAJEEV THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.593/2009 IN TR.P.C.NO.70/2008 DISMISSED 17/3/2009 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ TR.P.(C) NO. 70 OF 2009 ------------------------------------------------------ Dated this the 17th March, 2009 O R D E R This Transfer Petition is filed by the petitioner -wife praying for transferring O.P.(G&W) No.580 of 2008, on the file of the Family Court, Thiruvananthapuram to the Family Court, Kasaragode. 2. O.P.(G&W) No.580 of 2008 was filed by the respondent- husband for custody of the minor child Yadu Krishnan. The marriage between the petitioner and the respondent was solemnized on 9.5.2002. As per the judgment in O.P.No.1864 of 2004 dated 23.6.2005, the marriage between the petitioner and the respondent was dissolved on mutual consent, evidenced by Annexure I judgment. As per Annexure I order, the petitioner will have the custody of the child till he attains the age of seven years. Visitorial rights for the respondent are also provided in the judgment. Yadu Krishnan is at present a UKG student, studying in the school run by Hadinje Educational Trust, G.V.Pai Nagar, Moodibidri, Karnataka District. It is stated that the petitioner is working as a Music Lecturer in Alva's College at Moodibidri. Annexure 2 certificate shows that her appointment is a permanent appointment. TR.P.(C) NO.70 OF 2009 :: 2 :: 3. Though notice was served on the respondent, there is no appearance. According to the petitioner, she is not in a position to travel from Moodibidri in Karnataka State to Thiruvananthapuram to attend the Family Court, Thiruvananthapuram. Therefore, a prayer is made to transfer the case from the Family Court, Thiruvananthapuram to the Family Court, Kasaragode. The request is just and reasonable. When the hardship of the respondent to attend the Family Court, Kasaragod is compared with the hardship of the petitioner to attend the Family Court, Thiruvananthapuram, it can certainly be said that the hardship that would be caused to the petitioner would of greater magnitude. Accordingly, the Transfer Petition is allowed. O.P.(G&W) No.580 of 2008, on the file of the Family Court, Thiruvananthapuram shall stand transferred to the Family Court, Kasaragode. The Registry shall send a copy of this order to the Family Court, Thiruvananthapuram and the Family Court, Kasaragode. (K.T.SANKARAN) Judge ahz/