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. 194 of 2009() ------------------------- OP.423/2009 of FAMILY COURT,KOZHIKODE .................... PETITIONER: ---------------------- D.ANITHA, W/O. C.P.VINOD, CHIMMINIPARAMBA, CHIMMINIKKAVU, PARALI, PALAKKAD. BY ADVS.MR.V.V.ASOKAN, MR.P.P.RAMACHANDRAN. RESPONDENT(S): --------------------------- 1. C.P.VINOD, S/O. DORAISWAMY, CHERUTHRIKKOVU PARAMBA, VENGERI AMSOM DESOM, KOZHIKODE. 2. K.S.DEVADAS, CHEMMANIPARAMBA HOUSE, P.O.PARALI, PALAKKAD. R1 BY ADVS. MR.A.ANTONY, SMT.LEELAMMA ANTONY. R2 BY ADV. MR.MAHESH V.MENON THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.194 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, first respondent her husband and second respondent, father of the petitioner. Petitioner seeks transfer of O.P No.423/2009, filed by the husband, before the Family Court, Kozhicode, for restitution of conjugal rights. Wife has filed another petition for maintenance as M.C No.125/2009 seeking maintenance for herself and also a child aged 5 ½ years, from the husband. 2. I heard the counsel on both sides. Having regard to the submissions made and taking note of the facts and circumstances presented , Tr.P.(C).No.194 OF 2009 Page numbers especially where husband has imputed allegations against the wife that she suffered from mental illness, impleading her father, second respondent also in the petition, I find the request for transfer sought by the wife deserves consideration and merit. Further more, the facts and circumstances disclose that a child aged 5 ½ years born out of the wedlock of the spouses is now under the care and custody of the mother. The interest of the child has also to be taken into account in considering the question of transfer. In view of the separation of the spouses, no doubt, the child at present is deprived of the love and affection of the father. Compelling the wife to go over to a long distance to defend the prosecution launched by the husband necessarily would deprive the child, even the love and care of the mother. That is also a relevant circumstance to be taken into consideration. I find the request of transfer made Tr.P.(C).No.194 OF 2009 Page numbers by the wife has to be allowed. I order for transfer of O.P No. 423/2009 pending on the file of Family Court, Kozhicode to the Family Court, Palakkad. The Judge, Family Court, Kozhicode is directed to transmit the records of the above case to the Family Court, Palakkad 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