IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Tr.P(C).No.236 of 2008 ---------------------------- OP.223/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER --------------- T.J.MARYKUTTY D/O.LATE JOHN , THAYYIL HOUSE POLLETHAI CHERTHALA, ALAPPUZHA. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.B.PRAMOD RESPONDENT --------------- P.J.JOY, S/O.LATE JOHN, PUTHEN VELIYIL HOUSE, KURUPPAMPADI, PERUMBAVOOR ERNAKULAM NOW WORKING AS SENIOR ENGINEERING ASSISTANT DOORDARSHAN KENDRA, BANGALORE. ADV. SRI.SUBAL J.PAUL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ----------------------- Tr.P.(C)No.236 of 2008 ----------------------- ORDER This transfer petition is filed by the wife, who is the counter petitioner in O.P.No.223/08 on the file of the Family Court, Ernakulam filed by the respondent/husband for divorce. The transfer sought for is of the said original petition to the Family Court, Alappuzha. 2. The respondent/husband is working as Engineering Assistant in Doordarsan Kendra, Bangalore and the petitioner/wife is employed as Upper Division Clerk in Social Welfare Department at Alappuzha. The transfer sought for is to suit the convenience of the petitioner/wife and the transfer is opposed by the respondent/husband on the ground that his mother is a heart patient and that he has to attend on her at least when he comes over to Ernakulam, as she is residing at Kuruppampady near Parumbavoor. The address of the petitioner/wife is given as Thayyil House, TRPC 236/08 2 Pollethai, Cherthala, Alappuzha. Though counsel for the petitioner submits that there is only a distance of ten kilometres from Alappuzha to the residence of the petitioner, it does not appear to be true, as the house of the petitioner is in Cherthala Taluk in Alappuzha District. However, there will not be much difficulty in travelling either to Alappuzha or to Ernakulam. While considering the comparative hardship, I am of the view that transfer of the case to the Family Court, Alappuzha will work out more hardship to the respondent rather than the benefit that is to be derived by the petitioner/wife by transfer of the case from the Family Court, Ernakulam to the Family Court, Alappuzha. The transfer petition is, hence, dismissed. 10th November, 2008 (K.P.Balachandran, Judge) tkv