IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 322 of 2008()
1. LEENA , W/O.RAVINDRAN, RESIDING AT
... Petitioner
Vs
1. RAVINDRAN, S/O.SANKARAN
... Respondent
For Petitioner :SRI.A.B.MOHANAKUMAR
For Respondent :SRI.SHAJI P.CHALY
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/03/2009
O R D E R
K.T.SANKARAN, J.
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Tr.P.(C).No.322 of 2008
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Dated this the 2nd day of March, 2009
ORDER
This Transfer Petition is filed by the wife seeking to
transfer O.P.No.1311 of 2007 and O.P.(HMA) No.1188 of 2008
pending before the Family Court, Thrissur to the Family Court,
Thiruvananthapuram. The aforesaid Original Petitions were filed
by the husband and the wife for divorce and for maintenance
respectively. The petitioner wife belongs to
Thiruvananthapuram. The husband belongs to Thrissur.
According to the wife, she is unemployed. She has to maintain
her two children aged 13 years and 8 years respectively. Her
father is aged. The petitioner states that she is suffering from
“many a health problem, including disc complaints, which makes
it very difficult for her to travel long distances”.
2. According to the petitioner, unless the cases are
transferred to the Family Court, Thiruvananthapuram, she would
not be in a position to attend the Family Court. The distance
between Thiruvanthapuram and Thrissur is about 300 kms. The
wife says that she cannot travel to Thrissur and to attend the
Family Court, Thrissur. The respondent husband has filed a
TPC No. 322/2008 2
counter affidavit. The prayer for transfer is opposed. He states
that he was working in the Middle East for quite sometime to
maintain the family. He lost his job in the Middle East and he
has come back to Kerala. Now he is residing at Thrissur and he
has no job. It is stated that for looking after his aged father, he
goes for coolie work. In the counter affidavit, it is stated that the
petitioner wife is working in M/s.United Technologies (P) Ltd.,
K.V.Tower, Pattom, Kuravankonam, Thiruvananthapuram and
she is getting a salary of Rs.5,000/-. This statement is not denied
by the petitioner by filing a reply affidavit. It is also stated in
the counter affidavit that Seena Sasi, the sister of the petitioner
is residing at Cherppu, near Thrissur. It is stated that if the
petitioner comes to Thrissur, she has somebody to rely upon for
her stay or for other purposes. According to the wife, it is
absolutely necessary that the cases should be tried before the
Family Court, Thiruvanthapuram, while the husband says that
there is no ground for transfer of the cases from the Family
Court, Thrissur. Both parties are adamant on their stand. If the
cases are tried at Thrissur, the wife has to travel for about 300
kms. from Thiruvananthapuram to Thrissur. If the cases are
TPC No. 322/2008 3
transferred to the Family Court, Thiruvananthapuram, the
husband will have to travel for more than 300 kms. to attend the
Family Court at Thiruvananthpuram.
3. Taking into account the facts and circumstances of the
case and also the comparative hardship that would be caused to
the parties, I am of the view that to suit the general convenience
of the parties, the cases are to be transferred to the Family
Court, Alappuzha, which is situated about 150 kms. away from
Thiruvananthapuram and Thrissur. If so, both parties will have
to travel almost equal distance to attend the Family Court,
Alappuzha.
O.P.No.1311/07 and O.P.(HMA) No.1188/08 pending before
the Family Court, Thrissur shall stand transferred to the Family
Court, Alappuzha. The Registry shall send a copy of the
judgment to the Family Court, Thrissur and the Family Court,
Alappuzha.
The Transfer Petition is allowed as above.
K.T.SANKARAN,
JUDGE
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