IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Tr.P(C).No. 251 of 2009() ------------------------------------ OP.219/2009 of FAMILY COURT, THODUPUZHA .................... PETITIONER (S) ( RESPONDENT IN THE COURT BELOW) ------------------------------ PRADEESHA GEORGE, D/O.GEORGE, AGED 24 YEARS, THERALIL HOUSE, KARIMPARA, NEMMARA, PALAKKAD DISTRICT. BY ADV. MR.JACOB SEBASTIAN RESPONDENT(S): (PETITIONER IN THE COURT BELOW ----------------------- MARK V.MATHEW @ MARKOSE, AGED 34 YEARS, KARTHANIKKATTU HOUSE, PUTHUPERIYARAM P.O., MANAKKADU VILLAGE, THODUPUZHA TALUK. R1 BY ADVS. MR.C.K.VIDYASAGAR, MR.P.CHANDY JOSEPH. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.251 OF 2009 -------------------------- Dated this the 28th day of October 2009 ------------------------------------- ORDER Petition for transfer filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife, and respondent the husband. Husband has filed a petition as O.P No.219 of 2009 before the Family Court, Thodupuzha seeking dissolution of marriage. Wife has sought for transfer stating that she is permanently residing at Nenmara within the jurisdiction of Family Court, Palakkad, situate at 200 Kms away from the Family Court, Thodupuzha. she is compelled to go over to Thodupuzha, it would cause her severe hardship and irreparable injury, according to the petitioner. 2. Notice was given to the husband. He has entered appearance through a counsel. Having regard to the submissions made and taking note of the facts and circumstances presented, I find that Tr.P.(C).No.251 OF 2009 Page numbers the request for transfer canvassed by the wife deserves sympathetic consideration. Convenience of the wife in a matrimonial proceeding especially initiated at the instance of the husband deserve serious consideration. No circumstance whatsoever have been brought to notice that any prejudice or injury will be caused to the husband in transferring the petition to the Family Court, Palakkad as desired by the wife. In these circumstances, O.P No.219/2009 on the file of the Family Court, Thodupuzha is ordered to be transferred to the Family Court, Palakkad. Judge, Family Court, Thodupuzha shall transfer the records to the Family Court, Palakkad without delay. Family Court, Palakkad on receipt of the records shall give notice to the parties for appearance. Petition disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv