IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Tr.P(C).No. 234 of 2007() ------------------------- OP.1044/2007 of FAMILY COURT,THRISSUR .................... PETITIONER : RESPONDENT ----------------------------------------- SHINY E.N., D/O.NEELAKANDAN, AGED 30 YEARS, EDASSERY HOUSE, THEVARA P.O., KOCHI 682013. BY ADV. SRI.K.P.RAJEEVAN SRI.P.V.KURIACHAN RESPONDENTS: PETITIONERS: --------------------------------------- 1. BHAGILAL, S/O.SUKUMARAN, AGED 37 YEARS, VILLARVATTATH HOUSE, KOOLIMUTTAM P.O., KODUNGALLOOR TALUK, THRISSUR DISTRICT. 2. SUKUMARAN, AGED ABOUT 65 YEARS, VILLARVATTATH HOUSE, KOOLIMUTTAM P.O., KODUNGALLOOR TALUK, THRISSUR DISTRICT. BY ADV. SRI.SUBAL J.PAUL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- Tr.P.(C).No.234 of 2007 ------------------------------------------- Dated this the 3rd day of March, 2008 ORDER This transfer petition is preferred with a prayer to transfer O.P.No.1044/07 of the Family Court, Thrissur to the Family Court, Ernakulam where O.P.No.439/07 and M.C.No.95/07 are pending. The case pending before the Family Court, Thrissur is filed for return of ornaments, money as well as for maintenance. The case filed by the husband as O.P.No.1044/2007 is one for declaring the marriage as null and void. It is alleged in the petition that she is residing at Thevara. Her father is a heart patient. The only brother is working at Bangalore and her only sister is a handicapped girl and therefore, she has got considerable difficulties to conduct the case at Thrissur. It is also submitted that she is unable to maintain herself and she is depending upon the father and for that reason she cannot go to Thrissur frequently. The comparative hardship is more on the wife. Tr.P.C.No.234/2007 2 2. After hearing both sides and considering the difficulties of the petitioner, I transfer O.P.No.1044/07 from Family Court Thrissur to Family Court, Ernakulam for trial and disposal. Needless to say in these unless the presence of the husband or his father is absolutely necessary, their presence need not be insisted and when there is genuine application made for exemption from appearing that may be considered sympathetically. Transfer petition is disposed of accordingly. M.N.KRISHNAN, JUDGE csl