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2026 Supreme(Online)(Ker) 5288

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J
E. HARSHITA – Appellant
Versus
SUBIN SURESH BABU – Respondent
TR.P(C) NO. 454 OF 2025 | OP NO.922 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.N.U.HARIKRISHNA
For the Respondents: SRI.D.ARUN BOSE, SRI.K.VISWAN, SMT.P.S.POOJA

The court allows the transfer of proceedings to accommodate the petitioner's situation and the health conditions of the respondents.

Headnote:The petitioner seeks the transfer of O.P.No.922/2024 from the Family Court, Vadakara to Family Court, Thrissur, citing her residence and lack of accompaniment for the lengthy travel. The respondents countered the petition, emphasizing the medical condition of the 3rd respondent and the age-related ailments of the 2nd respondent. Upon consideration, the court allowed the transfer while ensuring the presence of the respondents is only required when necessary.

Result: The transfer petition is allowed.

Table of Content
1. petitioner requests transfer due to distance and lack of support. (Para 1 , 2)
2. court allows transfer based on considerations of health and travel. (Para 3)

ORDER

The petitioner seeks transfer of O.P.No.922/2024 pending before the Family Court, Vadakara to Family Court, Thrissur. It is stated that the petitioner is residing at Thrissur and working from home with respect to an employment at Hydebarad. The petitioner says that she has nobody to accompany her to Vadakara, which is more than 165 Kilometers away from the place of her residence.

2. A counter affidavit has been filed on behalf of the respondents, wherein it is stated that the 3rd respondent, who is the mother of the 1st respondent is not medically fit to appear for the proceedings since she has undergone a kidney transplantation. It is submitted that the 2nd respondent is also having old age related ailments.

3. Having considered the contentions raised, I am of the opinion that the proceedings can be transferred to the Family Court, Thrissur with certain riders.

In the result, the transfer petition is allowed.

O.P.No.922/2024 pending before the Family Court, Vadakara stands transferred to Family Court, Thrissur for disposal. The Family Court, Thrissur shall not insist on the presence of respondents 2 & 3 unless it is required and the examination of respondents 2 & 3 can be conducted through an Advocate Commissioner so as to avoid their travel.

Sd/-

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