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.
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Tr.P.C. NO. 276 OF 2007
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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
