RANJINI Vs. SUBRAHMANIAN

JUDGEMENT

(1.) The three petitioners in the Transfer Petition No.662/2017 are the wife and two minor children of the respondent therein. The petitioners therein are the respondents and the respondent therein is the petitioner in Guardian O.P.No.734/2017 on the file of the Family Court, Thrissur. The said Guardian O.P. is filed by the petitioner therein praying for grant of custody of the minor children to the petitioner therein and other consequential reliefs.

(2.) The sole petitioner in Tr.P(C).No.665/2017 is the 1st petitioner in Tr.P(C).No.662/2017 and is the respondent in O.P.No. 732/2017 on the file of the Family Court, Thrissur, which is filed by the respondent therein (husband) praying for restitution of conjugal rights and consequential reliefs. It is stated that the marriage between the above spouses was solemnized on 4.1.2009 at Parish Hall, Keerthi Nagar, Chalakudy, as per the customs prevailing in the Hindu religion and after the marriage, the spouses were residing at the matrimonial house at Mundathikode. A male child and a female child were born in the said wedlock, who are now aged 7 and 3 years respectively and are the 2nd petitioner and 3rd petitioners in the abovesaid Tr.P(C).No. 662/2017.

(3.) The 1st petitioner in {sole petitioner in Tr.P(C).No.665/2016 [wife]} is residing at Chalakkudy. Both the abovesaid proceedings are pending before the Family Court, Thrissur. That to reach Thrissur bus stand, the petitioner has to travel more than 30 kms. from her house at Chalakudy and after that, she has to travel another 8 kms again to reach Ayyanthole, Thrissur, where the Family Court Thrissur is situated. That travelling for more than 38 kms. is extremely difficult for the petitioner, who is a differently abled person and that it causes extreme hardship to her as she is having trouble even in walking. Moreover, travelling such a long distance with two minor children for a person, who is having deformity, is very difficult, etc.