IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 261 of 2008()
1. SHINIMOL, AGED 30 YEARS,
... Petitioner
Vs
1. JOBY, AGED 31 YEARS, S/O.GOPALAKRISHNAN,
... Respondent
For Petitioner :SRI.MVS.NAMBOOTHIRY
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/10/2008
O R D E R
M.N.KRISHNAN, J
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Tr.P.(C) No.261 OF 2008
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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/-