IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Tr.P(C).No. 277 of 2007() ------------------------- OP.910/2007 of FAMILY COURT, ETTUMANOOR .................... PETITIONER/ RESPONDENT : -------------------------------- P.A.HUSSAIBA,D/O.P.M.ABOOCAKER, RESIDING AT H.NO.4/1522,ADHIKARIVALAPPU ROAD, FORT KOCHI,ERNAKULAM. BY ADV. SRI.R.O.MUHAMED SHEMEEM RESPONDENT/ PETITIONER : ------------------------------- C.J.MUNEER,S/O.JAMAL,CHEMBANKUNNEL HOUSE,KUDAYIKUNNAM (P.O),THALAYOLAPARAMBU, KOTTAYAM DISTRICT. BY ADV. SRI.NIREESH MATHEW THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- Tr.P.C NO. 277 OF 2007 --------------------- Dated this the 14thday of February, 2008 ORDER This transfer petition is filed by the petitioner/wife for transfer of OP 910/07 pending before the Family Court, Ettumanoor to Family Court, Ernakulam. The said petition is one for restitution of conjugal rights. The defence of the wife is that she is very weak on account of the physical and mental harassment which she had to face and of subsequent abortion. It is submitted that she cannot travel the distance from Kochi to Ettumanoor since she has lot of medical problems as well as incapacity for somebody to accompany her. 2. Learned counsel for the respondent/husband would submit that he apprehends harassment from the family members of the wife, if the case is posted at Ettumanoor. Unfortunately these types of contentions are raised by both sides in an application where one of the parties wants reunion. 3. I do not wish to say anything on the same. But considering the comparative hardship, I feel transfer can be effected. Tr.P.C. No.277/07 2 Therefore OP 910/07 pending before the Family Court, Ettumanoor is transferred to the Family Court, Ernakulam. If there is any threat or danger, which is substantiated by materials, the husband can always approach the court, where the case is transferred, for redressal of his grievance. I make it clear that if the counseling is over and the personal presence of the parties is not necessary, then the court shall not insist the presence of both parties. When the husband makes an application for exemption on genuine grounds, that also may be sympathetically considered and allowed. The transfer petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps Tr.P.C. No.277/07 3