IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 Tr.P(C).No. 79 of 2009 ----------------------------- OP.7/2009 OF FAMILY COURT, WAYANAD, KALPETTA ....................................... PETITIONER/RESPONDENT ----------------------------------------- SHYLA.T.S.,AGED 38 YEARS, D/O.T.R.SOMAN,THEKKOOT KALARIKKAL HOUSE, KANIMANGALAM,THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.S.KRISHNAKUMAR SMT.SHYLAJA VARGHESE RESPONDENT(S): PETITIONER --------------------------------------------- P.K.SANTHOSH KUMAR,AGED 43 YEARS, S/O.P.K.MADHAVA PANICKER, NEITHALLOOR KALARIKKAL, P.O.NEDUVA (VIA),PARAPPANANGADI, THIROORANGADI TALUK,MALAPPURAM DISTRICT. ADV. SRI.M.V.ANANDAN THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.79 of 2009 --------------------------------- Dated this the 24th day of June, 2009 O R D E R This petition is filed under Section 24 CPC. Petitioner is the wife and respondent the husband. Wife has filed two petitions, O.P.No.1138/2008 and M.C.No.260/2008. The former for a decree of divorce and latter for claiming maintenance, both pending before the Family Court, Thrissur. The husband has filed another petition as O.P.No.1493/2008 for restitution of conjugal rights which too, is pending before the Family Court, Thrissur. The husband has filed another petition as O.P.No.7/2009 before the Family Court, Wayanad at Kalpetta alleging that a sum of Rs. 6 Lakhs is due to him from the wife. Wife has filed the present petition seeking transfer of that petition namely, O.P.7/2009 filed by the husband to the Family Court, Thrissur, where the other petitions are pending for adjudication. 2. Notice on admission being given, husband as entered appearance through counsel. I heard the counsel on both sides. Tr.P.C.No.79 of 2009 2 3. The petition is opposed by the learned counsel for the husband contending that the wife is at present employed as a teacher in Kendriya Vidyalaya in Kalpetta. It is further submitted that she is residing there with her two children born out of their wedlock. So much so, argument of the learned counsel, it will be convenient for her to have the proceedings in O.P.7/2009 in the Family court, Wayanad at Kalpetta and there is no sufficient ground for transfer of the case. Learned counsel for wife submitted that her aged parents are residing in Thrissur and as she being employed and, further, to attend the needs of the two children, she requires the assistance of her parents to prosecute and defend various proceedings pending before the Family Court. The further case of the wife is that it will be difficult for her to appear and defend herself in the Family Court, Wayanad at Kalpetta having regard to the fact that she is employed as a teacher in an educational institution at that place. At the time of hearing, it was also brought to my notice that husband is having permanent residence at Malappuram and he has no connection to Kalpetta, other than the employment of his wife at that place. Tr.P.C.No.79 of 2009 3 The concern for the wife by the husband in instituting the present O.P. at her working place is appreciable, but, the fact and circumstances demonstrate that it is not to assist her but rather to bring to the notice of the public of that place, where she is employed as a teacher, that matrimonial proceedings are pending against her before a court. Taking note that, previously instituted three proceedings between the parties are pending before the Family Court, Thrissur, it is only just and proper to order transfer of O.P.7/2009 instituted by the husband also for consideration by the Family Court, Thrissur, and it is ordered accordingly. Family Court, Wayanad at Kalpetta is directed to transmit the records of O.P.No.7/2009 to the Family Court, Thrissur immediately on receipt of a copy of this order. The petition allowed as above. Send a copy of the order to the Family Court, Wayanad and also to Family Court, Thrissur. S.S.SATHEESACHANDRAN, JUDGE. bkn/-