IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Tr.P(C).No. 88 of 2009 ------------------------------- OP(HMA).NO.1203/2008 OF FAMILY COURT, ALAPPUZHA. .................... PETITIONER: ------------------- AJITHA KUMARI, AGED 48 YEARS, W/O.MOHANAN, KOLUTHAL PARAMBIL HOUSE, POOZHITHODU H. NO.PFRA 105, CHITTOR P.O., KOCHI-27. BY ADV. MR.K.R.VINOD. RESPONDENT: ---------------------- MOHANAN, S/O.NANU ACHARI, PANAKKAL HOUSE, C.S.P-9, CHERTHALA SOUTH P.O., CHERTHALA SOUTH MURI, CHERTHALA. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.88 of 2009 --------------------------------- Dated this the 19th day of June, 2009 O R D E R This petition is filed under Section 24 of CPC. Petitioner is the wife and respondent the husband and they are referred to hereinafter as such. Husband has filed O.P.No.1203/2008 before the Family Court, Alappuzha for restitution of conjugal rights. Wife filed M.C.5/2009 before the Family Court, Ernakulam claiming maintenance for herself and her child. Wife has filed this transfer petition to transfer the case pending before the Family Court, Alappuzha to the Family Court, Ernakulam. 2. Notice on the application was given to the respondent and he has entered appearance. 3. Having regard to the submissions made by the counsel and also the facts and circumstances presented, I find that transfer of the proceedings pending before the Family Court, Alappuzha to the Family Court, Ernakulam is necessary to advance the ends of justice. O.P.No.1203/2008 on the file of the Family Court, Alappuzha shall stand transferred to Family Court, Tr.P.C.No.88 of 2009 2 Ernakulam where M.C.No.5/2009 filed by the wife is pending. The Family Court Judge, Alappuzha shall transfer the records of O.P.No.1203/2008 to the Family Court, Ernakulam, as expeditiously as possible, on receipt of a copy of this judgment. The transfer petition is allowed. Send a copy of the judgment to the Family Court, Alappuzha and also Family Court, Ernakulam forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-