IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Tr.P(C).No. 169 of 2009() ------------------------- OP.369/2009 of FAMILY COURT,KOZHIKODE .................... PETITIONER/RESPONDENT: ------------------------------------------ ANITHA, AGED 23 YEARS, D/O.SREEDHARAN VAIDYAR, ANITHALAYAM, NAYARUPADIKKAL, KALLATHANI, P.O.THEYYALUNGAL, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADVS. MR.P.VIJAYA BHANU, MR.P.VENUGOPAL (1086/92). RESPONDENT(S): PETITIONER: ------------------------------------------------ SHAJI KUMAR.M., AGED 37 YEARS, S/O.BALAKRISHNAN, `PRATHIBHA' MUNDUPARAMBA P.O., ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. MR.P.SAMSUDIN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON I.A.NO.1219/2009 IN TPC.NO.169/2009 DISMISSED 5/08/2009 SD/- S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.169 of 2009 --------------------------------- Dated this the 5th day of August, 2009 O R D E R Petition for transfer is filed under Section 24 CPC. Petitioner is the wife and respondent, the husband. Husband has filed a petition for dissolution of marriage as O.P.No.369 of 2009 before the Family Court, Kozhikode. Wife seeks transfer of that petition to the Family Court, Malappuram. 2. I heard the counsel on both sides. 3. Opposing the application, learned counsel for the husband submitted that it more convenient for the wife to attend the sittings in the Family Court, Kozhikode as the distance from her residence to that court is lesser than the distance to the Family Court, Malappuram. Submissions made as above are disputed by the learned counsel for the wife. 4. From the facts and circumstances presented and the submissions made by the counsel on both sides, I find the spouses have a child aged three years who is at present under the care and custody of the mother. The child is at present deprived of the love and affection of the father because of the estrangement of the spouses. To drive the wife to attend to a Family Court at a far off Tr.P.C.No.169 of 2009 2 place to defend the case prosecuted against her by the husband will, naturally, lead to unattending of the child which, eventually may affect his growth and well being apart from the psychological impacts likely to be suffered thereby. More than the convenience of the spouses, in the given facts of the case, I find the interest of the child is also to be taken into consideration. So much so, the argument canvassed by the husband that it will be convenient for the wife to attend the court where the case is now pending cannot be accepted on its face value. Taking note of the interest of the child also, I find transfer requested for by the wife has to be allowed, and it is ordered accordingly. The Judge, Family Court, Kozhikode is directed to transfer O.P.369 of 2009 on its file to the Family Court, Malappuram without delay. The Judge, Family Court, Malappuram, on receipt of the records, shall give notice to the parties for their appearance. The petition is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-