IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 70 of 2009()
1. LAKSHMI.T.V.D/O.K.V.WARRIER,THEKKE
... Petitioner
Vs
1. DR.RAJA.G. S/O.K.G.GOPALAKRISHNA WARRIER
... Respondent
For Petitioner :SRI.C.DILIP
For Respondent :SRI.D.SAJEEV
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/03/2009
O R D E R
K.T.SANKARAN, J.
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TR.P.(C) NO. 70 OF 2009
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Dated this the 17th March, 2009
O R D E R
This Transfer Petition is filed by the petitioner -wife praying for
transferring O.P.(G&W) No.580 of 2008, on the file of the Family Court,
Thiruvananthapuram to the Family Court, Kasaragode.
2. O.P.(G&W) No.580 of 2008 was filed by the respondent-
husband for custody of the minor child Yadu Krishnan. The marriage
between the petitioner and the respondent was solemnized on 9.5.2002.
As per the judgment in O.P.No.1864 of 2004 dated 23.6.2005, the
marriage between the petitioner and the respondent was dissolved on
mutual consent, evidenced by Annexure I judgment. As per Annexure I
order, the petitioner will have the custody of the child till he attains the age
of seven years. Visitorial rights for the respondent are also provided in
the judgment. Yadu Krishnan is at present a UKG student, studying in the
school run by Hadinje Educational Trust, G.V.Pai Nagar, Moodibidri,
Karnataka District. It is stated that the petitioner is working as a Music
Lecturer in Alva’s College at Moodibidri. Annexure 2 certificate shows that
her appointment is a permanent appointment.
TR.P.(C) NO.70 OF 2009
:: 2 ::
3. Though notice was served on the respondent, there is no
appearance. According to the petitioner, she is not in a position to travel
from Moodibidri in Karnataka State to Thiruvananthapuram to attend the
Family Court, Thiruvananthapuram. Therefore, a prayer is made to
transfer the case from the Family Court, Thiruvananthapuram to the
Family Court, Kasaragode. The request is just and reasonable. When
the hardship of the respondent to attend the Family Court, Kasaragod is
compared with the hardship of the petitioner to attend the Family Court,
Thiruvananthapuram, it can certainly be said that the hardship that would
be caused to the petitioner would of greater magnitude.
Accordingly, the Transfer Petition is allowed. O.P.(G&W) No.580
of 2008, on the file of the Family Court, Thiruvananthapuram shall stand
transferred to the Family Court, Kasaragode. The Registry shall send a
copy of this order to the Family Court, Thiruvananthapuram and the
Family Court, Kasaragode.
(K.T.SANKARAN)
Judge
ahz/