IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Tr.P(C).No. 223 of 2009() ------------------------- OPGW.171/2009 of FAMILY COURT, ALAPPUZHA .................... PETITIONER -------------------- REJANI, AGED 30 YEARS, D/O.RAJAN, REJANI VILASOM, PIDAVOOR MURI, PIDAVOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- SANTHOSH, S/O.REVI, SANTHOSH BHAVAN, PADAHARATHU, THAKAZHI P.O., ALAPPUZHA DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.C.223/09 ORDER IN IA.2169/09 IN TR.P.C.223/09 DISMISSED. 15.9.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.223 of 2009 --------------------------------- Dated this the 15th day of September, 2009 O R D E R Petition for transfer is filed under Section 24 of CPC. Petitioner is the wife and respondent, the husband. Matrimonial disputes between them have given rise to two proceedings, one by the husband as O.P.(G.W)No.171 of 2009 before the Family Court, Alappuzha, seeking custody of their only child aged about 8 years. Wife had filed another petition for dissolution of marriage as O.P.(H.M.A)No.349 of 2009 before the Family Court, Kottarakkara. Wife seeks transfer of the petition filed by the husband as O.P.No.171 of 2009 pending on the file of the Family Court, Alappuzha to the Family Court, Kottarakkara. 2. Notice of the application was given to the respondent, but, it was returned with endorsement that he has left India. Notice was then directed to be served on the counsel appearing for the respondent in the court below in O.P.(G.W)No.171 of 2009 before the Family Court, Alappuzha. Accordingly, memo has been filed evidencing such service on the counsel. The respondent, however, remain absent after such service. Tr.P.C.No.223 of 2009 2 3. I heard the counsel for the petitioner. 4. Having regard to the submissions made and taking note of the facts and circumstances presented, I find the request for transfer deserves consideration. It is submitted that the child is under the custody of the mother, petitioner, ever since the spouses separated in the year 2007. The child is studying in class II in Divine Montessori Public School, Manjakkala, which comes within the jurisdiction of the Family Court, Kottarakkara. Having regard to Section 9 of the Guardian and Wards Act, which stipulates that the jurisdiction in respect of a proceedings involving a minor shall be within the court where the minor ordinarily reside, prima facie, it appears, that the Family Court, Kottarakkara alone has got jurisdiction to entertain any petition in respect of the minor. Petitioner has produced a certificate issued by the school in which the child is studying, which is appended to the petition as Annexure D. Perusing the certificate, submissions made by the counsel and also the fact that the respondent/husband has elected to remain absent practically concedes that he has no objection to the transfer, I find that the Tr.P.C.No.223 of 2009 3 petition has to be allowed. The Judge, Family Court, Alappuzha is directed to transmit the records of O.P.(G.W)No.171 of 2009 to the Family Court, Kottarakkara where O.P.(H.M.A)No.349 of 2009 filed by the wife is pending. The transferee court on receipt of the records shall give notice to the parties for their appearance. Petition allowed as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-