IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Tr.P(C).No. 267 of 2009() ------------------------- OP.812/2009 of FAMILY COURT,THRISSUR .................... PETITIONER: ------------------------------ NIRUPAMA, AGED 34 YEARS, D/O.GANGADHARAN, TEACHER, KENDRIYA VIDYALAYA, KOZHIKODE, RESIDING AT PUZHAKKAL HOUSE, NEAR CHITTADIKKAVU, MORIKKARA P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): --------------- SURIN KUMAR, AGED 37 YEARS, S/O.LATE THILAKAN, ARAYAMPARAMBIL, PALLIPURAM DESOM, VALAPPAD, THRISSUR. ADV. SRI.DILIP J. AKKARA FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.2770/09 IN TR.P.(C).267/09 CLOSED. 14.12.2009 S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.267 OF 2009 () ----------------------------------- Dated this the 14th day of December, 2009 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife, and the respondent, the husband. Wife seeks transfer of O.P.No.812 of 2009 filed by the husband for restitution of conjugal rights before the Family Court, Thrissur to the Family Court, Kozhikode. 2. Notice given, the respondent/husband has entered appearance. I heard the counsel on both sides. Petitioner is having a permanent residence at Kozhikode and she is at present employed as a teacher in a leave vacancy at Kendriya Vidyalaya, Kozhikode is her case for seeking transfer of the petition from the Family Court, Thrissur to the Family court, Kozhikode. No inconvenience or difficulty will be caused to the petitioner in going over to the Family Court, Thrissur and no other proceedings before any other Family Court has been TPC.267/09 2 so far launched by the wife against the husband, is the submission of the counsel for the husband. It is seen that the wife has already filed a criminal complaint against the husband and it is now pending consideration before the criminal court. Having regard to the fact that she is a teacher employed in a school, irrespective of the question that the appointment is only of leave vacancy, it is reasonable to hold she would be put to difficulty if she is compelled to go over the Family Court, Thrissur to defend the matrimonial proceedings launched against her by the husband. Further more, in the matter of transfer, the hardship and inconvenience suffered by the wife will be given more consideration than that of the husband in the absence of exceptional circumstances showing that she is disentitled to claim such a consideration. On the facts and circumstances presented with reference to the submissions made, I find the request of the wife for transfer has to be granted. Ordered accordingly. The Judge, Family Court, Thrissur is directed to transmit the records of O.P.No.812 of 2009 to the Family court, Kozhikode without delay. The transferee court, on receipt of the records, shall TPC.267/09 3 give notice to the parties for appearance. Petition is disposed as indicated above. S.S.SATHEESACHANDRAN JUDGE prp