IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Tr.P(C).No. 178 of 2008() ------------------------------------ (O.P.(GW) NO.655/2008 OF FAMILY COURT, THIRUVANANTHAPRAM ) PETITIONER:RESPONDENT: ------------------------------------------ SANKARI SASIDHARAN @ SALINI, D/O.SASIDHARAN, SANKARA VILASAM, MANGADU, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT:PETITIONER: ------------------------------------------- SANTHOSH KUMAR, S/O.VASU B.7, ALSA APARTMENTS, ULLOOR LANE, DPI, JAGATHI THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.D.KISHORE - R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------ Tr.P(C) NO. 178 OF 2008 ------------------------------------------ Dated this the 13th day of August, 2008 JUDGMENT This petition is filed under Section 24 of Code of Civil Procedure to transfer O.P.(GW) 655 of 2008 on the file of Family Court, Thiruvananthapuram to Family Court, Kollam. Petitioner is the wife of the respondent and mother of the child. The case of the petitioner is that she is residing at Kollam and it is not possible to her to contest the case at Thiruvananthapuram and in such circumstances case is to be transferred to Kollam. 2. Learned counsel appearing for petitioner and respondent were heard. 3. Learned counsel appearing for respondent objected to the transfer contending that under Section 24 of Code of Civil Procedure case can be transferred only to a Court competent to try the case and a petition for appointment of guardian could only be made before a Court where the minor ordinarily resides and as the child was residing with the respondent at Thiruvananthapuram, Family Court, Kollam cannot appoint a TrP(C)178/08 2 guardian and so the O.P. cannot be transferred. Learned Counsel appearing for petitioner argued that child is now with the petitioner and therefore Family Court, Kollam has jurisdiction. I do not find any merit in the objection raised by the respondent. As the petitioner mother is residing at Kollam, considering the difficulties expressed by the mother, the petition is allowed. O.P.(GW)655 of 2008 on the file of Family Court, Thiruvananthapuram is withdrawn and transferred to Family Court, Kollam for disposal in accordance with law. The parties are directed to appear before Family Court, Thiruvananthapuram on 5.9.2008. M. SASIDHARAN NAMBIAR, JUDGE Okb/-