IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 236 of 2008()
1. T.J.MARYKUTTY
... Petitioner
Vs
1. P.J.JOY, S/O.LATE JOHN, PUTHEN VELIYIL
... Respondent
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent :SRI.SUBAL J.PAUL
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :10/11/2008
O R D E R
K.P. Balachandran, J.
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Tr.P.(C)No.236 of 2008
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ORDER
This transfer petition is filed by the wife,
who is the counter petitioner in O.P.No.223/08 on
the file of the Family Court, Ernakulam filed by
the respondent/husband for divorce. The transfer
sought for is of the said original petition to the
Family Court, Alappuzha.
2. The respondent/husband is working as
Engineering Assistant in Doordarsan Kendra,
Bangalore and the petitioner/wife is employed as
Upper Division Clerk in Social Welfare Department
at Alappuzha. The transfer sought for is to suit
the convenience of the petitioner/wife and the
transfer is opposed by the respondent/husband on
the ground that his mother is a heart patient and
that he has to attend on her at least when he comes
over to Ernakulam, as she is residing at
Kuruppampady near Parumbavoor. The address of the
petitioner/wife is given as Thayyil House,
TRPC 236/08 2
Pollethai, Cherthala, Alappuzha. Though counsel for
the petitioner submits that there is only a
distance of ten kilometres from Alappuzha to the
residence of the petitioner, it does not appear to
be true, as the house of the petitioner is in
Cherthala Taluk in Alappuzha District. However,
there will not be much difficulty in travelling
either to Alappuzha or to Ernakulam. While
considering the comparative hardship, I am of the
view that transfer of the case to the Family Court,
Alappuzha will work out more hardship to the
respondent rather than the benefit that is to be
derived by the petitioner/wife by transfer of the
case from the Family Court, Ernakulam to the Family
Court, Alappuzha.
The transfer petition is, hence, dismissed.
10th November, 2008 (K.P.Balachandran, Judge)
tkv