IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Tr.P(C).No. 189 of 2009 ------------------------- OPHMA.437/2009 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER/RESPONDENT: ----------------------------- S.PRASANNAKUMARI, VAISHNAVAM, VADAKKEVILA.P.O., KOLLAM. BY ADV. MR.S.SANTHOSH KUMAR MS.BABY JOSE RESPONDENT/PETITIONER: -------------------------- SAIKUMAR, S/O. KOTTARAKKARA, SREEDHARAN NAIR,SAI KRIPA, PADINJATTINKARA, KOTTARAKKARA, RESIDING AT NO.9D, ABAD PLAZA, NEAR CHANGANPUZHA PARK, EDAPPALLY, ERNAKULAM. ADV. MR.G.PRIYADARSAN THAMPI FOR R1 MR.P.G.THAMPI (SENIOR ADVOCATE) THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 189 of 2009 ORDER ON I.A.NO.1365/2009 IN TR.P.C.NO.1365/2009 DISMISSED. 1.12.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE. // TRUE COPY // P.A TO JUDGE. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.189 of 2009 --------------------------------- Dated this the 1st day of December, 2009 O R D E R Petition for transfer is filed under Section 24 of the CPC. Petitioner is the wife and respondent, the husband. Petitioner seeks transfer of O.P.(HMA) 437 of 2009 filed for dissolution of the marriage by the husband before the Family Court, Kottarakkara to the Family Court, Kollam, where she has filed a petition for maintenance for herself and the children born out of their wedlock. 2. Notice given, respondent/husband has entered appearance. Parties were directed to the Mediation Centre to examine whether any settlement is possible. It is reported that settlement talks by mediation have failed. A report has been filed by the mediator that an amicable settlement could not be arrived at. 3. I heard the counsel on both sides. 4. From the submissions made and the facts and circumstances presented, I am satisfied that the request for Tr.P.C.No.189 of 2009 2 transfer canvassed by the wife deserve consideration. In a matrimonial proceedings the hardship and injury likely to be suffered by the wife in prosecuting or defending the case before the Family Court deserve more consideration when a request is made for transfer of a proceedings from one Family Court, to another. It is the case of the petitioner/wife that only the Family Court at Kollam has jurisdiction to entertain the matrimonial disputes between the parties as it is the permanent place of residence of the parties and also where the marriage had taken place. She has filed a claim petition for maintenance before the Family Court, Kollam is also canvassed contending that adjudication of the matrimonial disputes between the same parties by the same court will be more practicable and feasible. It is further submitted that no prejudice or hardship will be caused to the respondent/husband in transfer of the case filed before the Family Court, Kottarakkara to Family Court, Kollam. No circumstance whatsoever has been brought to my notice by the respondent/husband to show that any inconvenience will be caused to him in transfer of the case from the Family Court, Tr.P.C.No.189 of 2009 3 Kottarakkara to the Family Court, Kollam. The request for transfer made by the wife deserve only to be allowed, and it is ordered accordingly. The Judge, Family Court, Kottarakkara shall transmit the records of O.P.(HMA).No.437 of 2009 to the Family Court, Kollam without delay. The transferee court on receipt of the records shall issue notice to the parties for their appearance. Transfer petition allowed as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-