IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Tr.P(C).No. 211 of 2009 -------------------------------- (O.P.NO.411/2009 OF FAMILY COURT, PALAKKAD) .................... PETITIONER/ RESPONDENT: ----------------------------------------- DEEPA, AGED 30 YEARS, D/O.PARAMESWARAN NAIR, KARIPPATHAYIL HOUSE, DESAMANGALAM AMSOM, THALAPPALLY TALUK, THRISSUR. BY ADV. MR.M.P.MADHAVANKUTTY. RESPONDENT/ PETITIONER: ----------------------------------------- RAMADAS, AGED 40 YEARS, S/O.RAMAN PANICKER, RAYIRAMKANDATHU HOUSE, KOONATHARA AMSOM, VANIYAMKULAM VILLAGE, OTTAPPALAM TALUK, PALAKKAD. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.211 OF 2009 -------------------------- Dated this the 26th day of August 2009 ------------------------------------- O R D E R Petition is filed for transfer under Section 24 of the Code of Civil Procedure. Petitioner is the wife, and respondent the husband. Petitioner seeks transfer of O.P No.411/2009 filed by the husband before Family Court, Palakkad in which he has sought for dissolution of their marriage. She has filed another petition as O.S No.598/2009 before Family Court, Thrissur for return of valuables and gold ornaments. She seeks transfer of O.P No.411/2009 filed by the husband from Family Court, Palakkad to the Family Court, Thrissur. Tr.P.(C).No.211 OF 2009 Page numbers 2. Notice was ordered to the husband / respondent. Notice has been served, but he has not entered appearance. 3. I heard the learned counsel for the petitioner. It is submitted that in the wedlock, two children were born and they are now aged eight and six years respectively. Mother is looking after the children. Having regard to the fact that the respondent after acceptance of the notice has elected to remain absent,it appears, he has no challenge against the transfer sought for. When the children are stated to be under the care and custody of their mother, the interest of those minor children also should be looked into in determining the question of transfer. Viewed in that angle, I find, the request made by the wife deserves consideration. I order for transfer of O.P No.411/2009 from the Family Court, Palakkad to the Family Court, Thrissur where the petition filed by the wife as O.P No.598/2009 is pending. The Judge, Family Court, Palakkad is directed to Tr.P.(C).No.211 OF 2009 Page numbers transfer the records without delay. The transferee court, on receipt of the records shall give notice to the parties for appearance. Subject to the above directions, petition is disposed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv