IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Tr.P(C).No. 324 of 2008() ---------------------------------- OP.54/2008 of FAMILY COURT, KALPETTA .................... PETITIONER ----------------- P.VIDYARANI, AGED 40 YEARS, D/O. LATE PRABHAKARAN, K.S.H.B. FLAT 611,VIKAS NAGAR COLONY, CHAKKORATHUKULAM, KOZHIKODE, WORKING AS CLERK AT: FEDERAL BANK, NADAKKAVU BRANCH, KOZHIKODE. BY ADV. MR.MANJERI SUNDERRAJ MR.B.PREMNATH (E) RESPONDENT(S): ------------------------ VIJAYAN C.R., AGED 44 YEARS, S/O.C.K.RAJAN PANDIKKAD, AGRAHARAM ROAD,MANANTHAVADI, WAYANAD., WORKING AS TEACHER AT:GOVT.VOCATIONAL HIGHER SECONDARY SCHOOL, MANANTHAVADY. BY ADV. MR.BABU CHERUKARA . THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.324 of 2008 --------------------------------- Dated this the 14th day of August, 2009 O R D E R Petition for transfer is filed under Section 24 Code of Civil Procedure. Petitioner is the wife and respondent, the husband. Matrimonial disputes between them have given rise to two proceedings, one at the instance of the wife as O.P.No.1056 of 2008, before the Family Court, Kozhikode and the other by the husband, as O.P.No.54 of 2008, before the Family Court, Kalpetta. Wife, in her petition, has sought for restitution of conjugal rights and the husband in his petition, dissolution of marriage. Wife seeks transfer of the petition filed by the husband O.P.No.54 of 2008 on the file of the Family Court, Kalpetta to the Family Court, Kozhikode, where her petition O.P.No.1050 of 2008 is pending for trial. 2. Notice of the petition was ordered to the respondent. Notice served, but, the respondent has not entered appearance. I heard the learned counsel for the petitioner, wife. Tr.P.C.No.324 of 2008 2 3. It is submitted, the only girl child, aged 10 years old, attending school, born out of the wedlock of the spouses, is under the care and custody of the wife, the mother. Wife has none else to depend upon her to take care of the child and so much so, it is impossible for her to go over to Family Court, Kalpetta to defend O.P.No.54 of 2008 filed by the husband before that court. Her difficulties and inconveniences other than the cause shown as above in attending the Family Court, at a far off place are also highlighted by the learned counsel for the wife, at the hearing of the petition. More than the inconvenience of the spouses, I find the interest of the child, that too a girl aged 10 years, has to be given much merit and consideration for deciding the question of transfer involved in the present petition. By electing to remain absent, it appears, the husband practically concedes that he has no objection to the transfer sought for. I am satisfied from the facts and circumstances presented that the transfer sought for by the wife has to be granted to advance the ends of justice. I direct the Judge, Family court, Kalpetta to transfer O.P.No.54 of 2008 on its file to the Family Court, Tr.P.C.No.324 of 2008 3 Kozhikode, where O.P.No.1050 of 2008 filed by the wife is pending. On receipt of the records, the Family Court Kozhikode shall examine whether a joint trial of the two petitions is possible and if there is no bar under law to do so, to pass appropriate orders thereof. Transferee court on receipt of the records shall give notice to the parties for appearance. Petition is allowed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-