IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Tr.P(C).No. 74 of 2011() ----------------------------- OP.103/2011 of FAMILY COURT,KOZHIKODE .................... PETITIONER/RESPONDENT ------------------------------- SREELA, D/O.MOHANAN, 'SREENILAYAM', KODAKKAD MANA, P.O.PERAMANGALAM, TRICHUR DISTRICT. BY ADVS. SRI.T.M.CHANDRAN SRI.S.SUJITH SRI.V.A.SASIDHARAN SRI.JOSEPH ALBIN NEDUNTHALLY SRI.P.R.NEELAKANDAN NAMBOODIRI RESPONDENT(S): PETITIONER ------------------------------------ ANISH K., S/O.NARAYANAN NAMBOODIRI, KORAMBATTA MANA, CHULOOR, CHULOOR P.O., KOZHIKODE-680545. R1 BY ADV. SRI.SUNNY MATHEW THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Tr.P.(C) No.74 of 2011 ---------------------------------------------------- Dated this the 5th day of April, 2011 Order This petition is filed under Section 24 of the C.P.C to transfer O.P.No.103 of 2011 on the file of the Family Court, Kozhikode to the Family Court, Thrissur. It is stated that the petitioner has filed a petition for maintenance for herself and her minor child. It is pending before the Family Court, Thrissur as M.C.No. 6 of 2011. That M.C was stated to have been filed on 6.1.2011. It is stated that the respondent has thereafter filed O.P.No.103 of 2011 before the Family Court, Kozhikode on 4.2.2011 for restitution of conjugal rights. The petitioner submits that as she is staying with her parents in Thrissur with her minor child, it is extremely difficult for her to appear before the Family Court, Kozhikode. It is further submitted that since M.C.No.6 of 2011 is pending before the Family Court, Thrissur, it is only just and proper that O.P.No.103 of 2011 filed by the respondent before the Family Court, Kozhikode is transferred to the Family Court, Thrissur. It is further submitted that if the proceedings in O.P.No.103 of 2011 are continued at Family Court, Kozhikode, it Tr.P.C.74/2011 2 will cause undue hardship to the petitioner. Considering the fact that the petitioner is staying with her minor child with her parents at Thrissur, the interest of justice requires transfer of O.P.No.103 of 2011 to the Family Court, Thrissur. Accordingly, the Transfer Petition is allowed. O.P.No.103 of 2011 pending on the file of the Family Court, Kozhikode is transferred to Family Court, Thrissur. The Family Court, Kozhikode is directed to transmit the records in O.P.No.103 of 2011 to the Family Court, Thrissur immediately. The parties will appear before the Family Court, Thrissur on 28.4.2011. N.K.BALAKRISHNAN, JUDGE. srd Tr.P.C.74/2011 3