IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Tr.P(C).No. 327 of 2008 -------------------------------- [OP.NO.1616/2008 OF FAMILY COURT,ERNAKULAM] .................... PETITIONER: ------------------- RAJANIMOL.K.N., D/O.VIJAYAKUMARAN NAIR R/AT.KALIYANAM, PO.KINANOOR, KINANOOR VILLAGE. BY ADV. SMT.T.SUDHAMANI. RESPONDENT: ---------------------- RAJESH.R., S/O.RAJAPPAN, RESIDING AT NAIR'S APPARTMENT, OPP.ABHIRAMI HOTEL, VAZHAKKALA, ERNAKULAM. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.(C).NO.327/2008: ORDER ON I.A. NO.2829/2008 IN TR.P.(C).NO.327/2008 DISMISSED 22/09/2009. SD/- S.S.SATHEESACHANDRAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.327 OF 2008 () ----------------------------------- Dated this the 22nd day of September, 2009 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. Petitioner had filed a petition for maintenance under Section 125 of the Code of Criminal Procedure against the husband before the Family Court, Kasaragod. That petition was allowed and execution petitions filed are pending consideration before that court. Meanwhile, the husband has filed a petition as O.P.No.1616 of 2008 before the Family Court, Ernakualm seeking the decree of restitution of conjugal rights. Wife seeks transfer of the above O.P. to the Family Court, Kasaragod submitting that she is permanently settled at Kasaragod, and she has none to assist her to go over to Ernakulam and defend the case launched against her by the husband. TPC.327/08 2 2. Notice of the application was served on the husband, but, he has elected to remain absent. Having elected to remain absent, it appears, the husband practically concedes that he has no objection to the transfer requested for by the wife. From the submissions made and also taking note of the facts and circumstances presented, I find no reason to doubt the case canvassed by the wife that she has no means and also none to assist her to defend the case filed by the husband by going over to Family Court, Ernakulam. In the above circumstances, I find the request for transfer has to be allowed. I direct the Judge, Family Court, Ernakulam to transmit the records of O.P.No.1616 of 2008 to Family Court, Kasaragod without delay. The transferee court, on receipt of records, shall give notice to the parties for appearance. Transfer petition is disposed. S.S.SATHEESACHANDRAN JUDGE prp TPC.327/08 3