IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Tr.P(C).No. 225 of 2009() ------------------------- OP.423/2009 of FAMILY COURT, KANNUR .................... PETITIONER/RESPONDENT: ----------------------------------------- RINU SAJI, D/O.RAJU @ GEORGE, AGED 26 YEARS, MANGALY HOUSE, KARIMBA P.O., KARIMBA AMSOM, DESOM, PALAKKAD-678 597. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT/PETITIONER: ------------------------- SAJI AUGUSTINE, S/O.K.C.AUGUSTINE, AGED 35 YEARS, BUSINESS, KALLARAKKAL HOUSE, KARTHIKAPURAM P.O., THAVALAM, ALAKODE, KANNUR DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.2181/2009 IN TR.P.(C).225/2009 DISMISSED. 28.8.2009 SD/- SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.225 OF 2009 () ----------------------------------- Dated this the 28th day of August, 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. Wife seeks transfer of the petition O.P.No.423 of 2009 filed by the husband for restitution of conjugal rights on the file of the Family Court, Kannur to the Family Court, Palakkad. She is permanently settled at Palakkad, and she is unemployed and has no means to go over to the Family court, Kannur to defend the proceedings launched against her by the husband. She is also attending to a one year old child born out of the wedlock, is the further case to sustain the request for transfer. 2. Notice was given to the husband. After receiving notice, he Has elected to remain absent. I heard the learned TPC.225/09 2 counsel for the petitioner. From the submissions made and taking note of the facts and circumstances presented, I find the request for transfer deserves to be considered. Spouses have one year child, and it is now under the care and custody of the mother/wife. The infant is deprived of the love, care and affection of the father In view of the matrimonial disputes between the spouses. If the mother/wife is compelled to go over to a Family court situate at a far of place, the child has to be left unattended, which may affect its growth and wellbeing. That also has to be taken into account in considering the merit of the application moved by the wife. Taking into consideration all these aspects, I direct for transfer of O.P.No.423 of 2009 from the Family Court, Kannur to the Family Court, Palakkad. The Judge, Family Court, Kannur is directed to transfer the records of the above to the Family court, Palakkad without delay, and the transferee court on receipt of records, shall give notice to the parties for appearance. Transfer petition is accordingly allowed. S.S.SATHEESACHANDRAN JUDGE prp TPC.225/09 3