IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Tr.P(C).No. 192 of 2009() ----------------------------------- OP.476/2009 of FAMILY COURT,KOZHIKODE .................... PETITIONER ------------------- SMITHA VARGHESE, D/O.VARGHESE, AGED 33 YEARS, ADIYUNDAN HOUSE, EDAVILANGU P.O., KODUNGALLUR, THRISSUR DISTRICT. BY ADV. MR.V.M.KRISHNAKUMAR RESPONDENT(S): ------------------------ RAJU JOSEPH, S/O.JOSEPH, MANIYANCHIRA VEEDU, KUDARANJI VILLAGE, KOOMBARA DESOM, KOOMBARA BAZAR P.O., KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.192 of 2009 --------------------------------- Dated this the 30th day of July, 2009 O R D E R The petition for transfer is filed under Section 24 CPC. Petitioner is the wife and respondent, the husband. Petitioner has filed a petition for dissolution of marriage before the Family Court, Thrissur which is numbered as O.P.457/2009, pending for adjudication. The husband has filed a petition under the Guardian and Wards Act as O.P.No.476/2009 before the Family Court, Kozhikode, seeking custody of the minor children. Spouses have three minor children born out of their wedlock. Wife seeks transfer of O.P.No.476/2009 from the Family Court, Kozhikode to the Family Court, Thrissur. 2. Notice of the petition was given to the respondent. Petitioner was also directed to serve notice on the counsel for the husband in the court below and file memo. A memo has been filed evidencing that service has been effected on the counsel for the husband as directed. I am satisfied of the due service of notice on the husband, and service is declared sufficient. Husband has not entered appearance. Tr.P.C.No.192 of 2009 2 3. I heard the counsel for the wife. 4. The minor children in respect of whom proceedings have been initiated by the husband are now with the wife, their mother at Kodungallur, within the jurisdiction of the Family Court, Thrissur, after the spouses separated in March, 2009, submits the learned counsel for the wife. The eldest child is aged 12 years, second one 8 years and the youngest 3½ years old with the eldest two children girls and the youngest child a boy. The two eldest children aged 12 years and 8 years, both of them, are attending schools at North Paravoor, eldest in the 7th standard and the other in the 3rd standard. The second child is also stated to be deaf and dumb. Under the above circumstance, it is practically impossible for the mother to leave their custody and attend the Family Court at Kozhikode where her husband has initiated proceedings under the Guardian and Wards Act for custody of the children, is the submission of the learned counsel. 5. Having regard to the submissions made and the facts and circumstances presented, I find, more than anything, interest of the children has to be taken due note of by this Court in considering the merit of the transfer sought for. The eldest Tr.P.C.No.192 of 2009 3 children are both girls and one among them is deaf and dumb and the next is aged only 3½ years, is a material circumstance indicating that they require constant care, love and attention of their mother, especially when they are deprived of the love and affection of their father. If they are left unattended on account of the compulsion of their mother to attend to the Family Court at a far off place to defend a prosecution launched by the father, naturally, it will have a disastrous effect on them, probably, affecting their growth and wellbeing, apart from psychological impact likely to be suffered. In the given facts and circumstances presented, I find transfer of O.P.No.476/2009 on the file of the Family Court, Kozhikode, to the Family Court, Thrissur, where O.P.No.457/2009 filed by the wife is pending is essential to advance the ends of justice and it is ordered accordingly. The Judge, Family Court, Kozhikode is directed to transfer the records of the above case without delay. Petition allowed. Transmit a copy of the order to both the Family Courts. S.S.SATHEESACHANDRAN, JUDGE. bkn/-