IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Tr.P(C).No. 342 of 2009() ------------------------- OP.1205/2009 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: ------------------------------ SINDHU M.V., AGED 26 YEARS, D/O. MEENAKSHI AMMA, RESIDING AT MANNILPURAYIL VEEDU, EDAYARANMULA P.O., ARANMULA, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): --------------- RAKESH RAJAN, AGED 28 YEARS, S/O. V.K.RAJAN, RESIDING AT RESHMI, MANCHADIMOODU, PIRAPPANCODE P.O.,MANICKAL VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.3485/09 IN TR.P.(C).NO.342/09 DISMISSED. 20.1.2010 S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.342 OF 2009 () ----------------------------------- Dated this the 20th day of January, 2010 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. Matrimonial disputes between them have given rise to three proceedings, one at the instance of the husband and the other two by the wife, in two different Family Courts. Husband has filed a petition as O.P.No.1205 of 2009 for dissolution of marriage before the Family Court, Nedumangad. Wife has filed two petitions, one for return of valuables and gold ornaments as O.P.No.49 of 2009 and the other for maintenance under Section 125 of the Code of Criminal Procedure as M.C.No.22 of 2009, both the petitions before the Family Court, Thiruvalla. Wife seeks transfer of O.P.No.1205 of 2009 filed by the husband from the Family court, Nedumangad to the Family Court, Thiruvalla. TPC.342/09 2 2. Notice was ordered to the respondent. After acceptance of notice, the respondent/husband has elected to remain absent. Husband having elected to remain absent, it appears, practically concedes that he has no objection to the request for transfer made by the wife. I heard the leaned counsel for the petitioner. It is submitted that the wife is permanently settled at Thiruvalla and there is none to assist her to go over to a Family Court situate at a far off place to defend the proceedings launched against her by the husband. I find no reason to doubt the submissions made by the counsel. I order the transfer of O.P.No.1205 of 2009 on the file of the Family court, Nedumangad to the Family court, Thiruvalla. The Judge, Family Court, Nedumangad shall transmit the records without delay. The transferee court, on receipt of the records shall give notice to the parties for appearance. Transfer petition is accordingly disposed. S.S.SATHEESACHANDRAN JUDGE prp TPC.342/09 3