IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Tr.P(C).No. 261 of 2008 -------------------------------- AGAINST THE ORDER O.P(HMA).NO. 584/2005 IN O.P(DIV).390/2005 OF FAMILY COURT,KOLLAM. .................... PETITIONER: ------------------- SHINIMOL, AGED 30 YEARS, D/O.K.SHANMUGHAN, RESIDING AT MUDUMPIL HOUSE, GANGA NAGAR, MANAKKADU, THIRUVANANTHAPURAM. BY ADV. SRI.M.V.S.NAMBOOTHIRY. RESPONDENT: --------------------- JOBY, AGED 31 YEARS, S/O.GOPALAKRISHNAN, NOW RESIDING AT VETTUKATTIL, KALLUMTHAZHAM, KILIKOLLOOR P.O., KILIKOLLOOR VILLAGE, KOLLAM TALUK, KOLLAM FROM KANNAMATHU VEEDU, ULIYACOVILCHERRY, ULIYACOVIL P.O., KOLLAM EAST VILLAGE, KOLLAM. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== Tr.P.(C) No.261 OF 2008 ===================== Dated this the 14th day of October 2008 JUDGMENT This transfer petition is filed to transfer O.P.(Div.)No.390/2005 and O.P.(HMA)No.584/2005 pending before the Family Court, Kollam to the Family Court, Thiruvananthapuram. The transfer petitioner is the wife. It is contended that her father is aged and therefore she cannot travel to Kollam and therefore cases must be transferred to Thiruvananthapuram. In all cases, this practical difficulty will be there. The distance between Kollam and Thiruvananthapuram is not that much which prevents a person from travelling. The wife herself has chosen to file a petition for restitution of conjugal rights before the Family Court, Kollam and the husband has filled divorce petition before the same court. The averments are not sufficient to effect a transfer, but, at the same time, the difficulty that is experienced has to be reduced. Therefore, I dispose of the transfer application as follows: The cases shall continue to be in the Family Court at Kollam and it is directed not to insist for the presence of the parties on each and every hearing date and they Tr.P.C.261/2008 -:2:- shall be asked to attend the court for the purpose of conciliation and thereafter for evidence or in emergent situations where their presence is warranted. Day-to-day presence of the parties on every hearing date shall be dispensed with so that hardships to both sides can be reduced. M.N.KRISHNAN, JUDGE Cdp/-