IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Tr.P(C).No. 137 of 2009() -------------------------------- OP.41/2009 of FAMILY COURT,TRIVANDRUM .................... PETITIONER (S): RESPONDENT -------------------------- V. GEETHA, AGED 32 YEARS, D/O.T.V. NARAYANAN, THOTTICHAL HOUSE, ONAKUNNU, P.O. KARIVALLOOR, KARIVALLOOR AMSOM, ONAKUNNU DESOM, THALIPARAMBU TALUK, KANNUR DISTRICT. BY ADV. MR.C.PUSHPODARAN RESPONDENT(S): PETITIONER ------------------------- C.V. RAVEENDRAN, AGED 41 YEARS, S/O. KORAN.O.V, QUARTER NO. B 31, P AND T QUARTERS, KESAVADASAPURAM, P.O. PATTAM, THIRUVANANTHAPURAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.137 OF 2009 -------------------------- Dated this the 24th day of September 2009 ------------------------------------- ORDER Petition for transfer filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife, and respondent, the husband. Petitioner has filed a petition claiming maintenance for herself and also the only child born out of the wedlock, under section 125 of the Code of Criminal Procedure, from the husband. That claim for maintenance numbered as M.C No.101/2009 is pending before the Family Court, Kannur. Both parties, the wife and husband, are permanently settled, according to the wife at Kannur within the jurisdiction of Family Court, Kannur. Husband, who is employed at Tiruvananthapuram, has filed a petition for divorce before the Family Court, Tr.P.(C).No.137 OF 2009 Page numbers Thiruvananthapuram. That petition, O.P No.41/2009 on the file of the Family Court, Thiruvananthapuram is sought to be transferred, in the petition, to the Family Court, Kannur. 2. Notice of the application was given to the respondent / husband. Though notice was served, he has not entered appearance. Having elected to remain absent, it appears, the husband has no objection in allowing the request for transfer as prayed for by the wife. From the submissions made by the learned counsel for the petitioner, it is also noticed that the only child born out of the wedlock, a girl aged eight years is under the care and custody of the wife / mother. Whatever be the reasons for the estrangment of the spouses, in view of the matrimonial disputes between them, that child is deprived of the love, care and affection of the father. If the wife / Tr.P.(C).No.137 OF 2009 Page numbers mother is compelled to go over to Thiruvananthapuram to defend the case launched against her by the husband, naturally the child has to be left unattended or under the care of someone else. In such circumstances, the mental and physical well being of the child will be put to severe hardship and injury. Taking that also into consideration, I find, the request for transfer has to be allowed. Judge, Family Court, Thiruvananthapuram is directed to transmit the records of O.P No.41/2009 to the Family court, Kannur without delay. The transferee court on receipt of the records shall give notice to the parties for appearance. Petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv