IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Tr.P(C).No. 104 of 2009 -------------------------------- (O.P. NO.314/09 OF FAMILY COURT, KOLLAM) ............. PETITIONER/ RESPONDENT: ----------------------------------------- V. BINDU, D/O. VISWANATHAN, JUNIOR TELECOM OFFICER, BSNL, MANACAUD, THIRUVANANTHAPURAM. BY ADVS. MR.PIRAPPANCODE V.S.SUDHIR, MR.SAJU JOHN, MR.V.VARGHESE. RESPONDENT/ PETITIONER: ----------------------------------------- RAJESH RAJAGOPAL, LECTURER, GOVERNMENT LAW COLLEGE, THIRUVANANTHAPURAM, (RESIDING AT LEKSHMI NIVAS, NEAR MULANKADAKAM TEMPLE, KANKATHU MUKKU, THIRUVANANTHAPURAM.P.O, KOLLAM). BY ADVS. MR.C.HARIKUMAR, MR.ARAVINDA KUMAR BABU T.K. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2009, ALONG WITH TR.P.(C). NO. 155 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.Nos.104 & 155 of 2009 --------------------------------- Dated this the 12th day of June, 2009 O R D E R Both petitions are filed under Section 24 of CPC. Petitioner is the wife and the respondent the husband, and they are referred to as such hereinafter. The petition numbered as Tr.P.C.104/2009 is moved by the wife for transfer of O.P.No.314/2009 filed by the husband before the Family Court, Kollam under the provisions of the Guardian and Wards Act, seeking the custody of their only child, Arjun Rajagopal, who admittedly suffers from Autism and at present has a permanent disability of 83% as assessed by the Medical Board, Thiruvananthapuram. Wife, the mother of the child, seeks transfer of the above petition to the Family Court, Thiruvananthapuram submitting that in view of the serious ailment of the child and also for the reason, both the wife and husband are employed and stationed at Thiruvananthapuram, it will be convenient for both of them to have a trial of the petition in the Family Court, Thiruvananthapuram. The other O.P. Tr.P.C.Nos.104 & 155 of 2009 2 numbered as Tr.P.C.155/2009 is also filed by the wife for transfer of O.P.(HMA) 452/2009 on the file of the Family Court, Kollam which was filed by the husband seeking dissolution of their marriage. Various reasons stated in the previous petition are enumerated in the petition also for seeking transfer of the matrimonial proceedings to the Family Court, Thiruvananthapuram. The husband on appearance has filed a counter resisting the transfer of the petitions sought for by the wife. 2. After hearing the counsel on both sides at length and taking note of the facts and circumstances presented, especially, the admitted fact that the child suffers from Autism and at present he is under the custody and care of the mother, I find it is only proper and reasonable that litigations between the parties covered by these petitions be tried in the Family Court, Thiruvananthapuram, the station where both the wife and the husband are at present employed. Learned counsel for the husband requested for one month's time to make appearance on transfer of the case to the Family Court, Thiruvananthapuram. The request made is reasonable and it is to be granted. Tr.P.C.Nos.104 & 155 of 2009 3 In the result, I direct Family Court, Kollam to transfer O.P.No.314/2009 and O.P.No.452/2009 on its file to the Family Court, Thiruvananthapuram forthwith. Parties are directed to appear before the Family Court, Thiruvananthapuram on 15.7.2009. Communicate the order to both the above Family Courts forthwith. Petitions are disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-