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Salini M.S vs Sobha Kumar G on 10 January, 2008

Kerala High Court
Salini M.S vs Sobha Kumar G on 10 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr P(C) No. 276 of 2007()


1. SALINI M.S,D/O.SATHYAN M.P,
                      ...  Petitioner

                        Vs



1. SOBHA KUMAR G,MANI BHAVAN,TC 3/2358,
                       ...       Respondent

                For Petitioner  :SRI.K.K.JAYASOORIAN

                For Respondent  :SRI.GOPAKUMAR R.THALIYAL

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :10/01/2008

 O R D E R
                         M.N.KRISHNAN, J.
                         --------------------------
                      Tr.P.C. NO. 276 OF 2007
                           ---------------------
              Dated this the 10th day of January, 2008

                                ORDER

This transfer petition is filed to transfer OP (G&W)

1102/2007 pending before the Family Court, Thiruvananthapuram to

Family Court, Thrissur. The averment is to the effect that the

petitioner being a lady, cannot travel with a small child all the way

from Thrissur, where she is residing, to Thiruvananthapuram. She

also contends that there is a threat to her life. It is true that in these

type of cases it is the comparative hardship that may have to be

looked into. The petition is one for custody of the child. Rightly or

wrongly, the child is now residing at Thrissur. In custody cases, the

child has to be produced of and on before the court. A lady with a

small child will certainly find it difficult to travel from Thrissur to

Thiruvananthapuram frequently. If the case is transferred, the

respondent has to travel from Thiruvananthapuram to Thrissur. That

is why I have stated earlier that the court has to weigh the

comparative hardship and I find that it will be more for the women

and the child rather than the husband.

Tr.P.C. No.276/07 2

Without expressing anything on the merits of the case, OP

(G&W) 1102/2007 pending before the Family Court,

Thiruvananthapuram is transferred to Family Court, Thrissur, for trial

and disposal. Learned counsel for the respondent would submit that

the child is being harassed. Whatever it may be, I direct the Family

Court, Thrissur, on receipt of the records to try and dispose of the

matter, as expeditiously as possible, within a period of three months

from the date of receipt of the records.

M.N.KRISHNAN, JUDGE

vps

Tr.P.C. No.276/07 3

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