IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Tr.P(C).No. 257 of 2009() ------------------------- OP.501/2009 of FAMILY COURT,KOZHIKODE .................... PETITIONER (RESPONDENT): ------------------------------------------ AMRUTHAVANI, D/O.VEERAMALA, R.P.L.III BLOCK UNIT-I, AYIRANALLOOR ESTATE, MANIYOOR POST, PUNALUR, ELOOR, P.S.LIMIT, KOLLAM DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.ANJU P.NAIR RESPONDENT(S)/(PETITIONER): --------------------------- RANGASWAMI ALIAS KUMAR, S/O.THANKAVELU, TIGER HILL ESTATE, KUDATHAYI POST, KOZHIKODE. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TPC.257/09 ORDER IN I.A.NO.2704/09 IN TR.P.(C).257/09 DISMISSED. 14.12.2009 S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.257 OF 2009 () ----------------------------------- Dated this the 14th day of December, 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. Petitioner has filed a claim petition for maintenance against her husband, numbered as M.C.No.200 of 2009, which is pending consideration before the Family Court, Kottarakkara. After filing of that petition, the husband has filed another petition for restitution of conjugal rights as O.P.No.501 of 2009 before the Family Court, Kozhikode. Wife has filed the transfer petition seeking transfer of O.P.No.501 of 2009 filed by the husband from the Family Court, Kozhikode to the Family Court, Kottarakkara, where her claim for maintenance is pending. 2. Notice given, the respondent/husband has entered appearance. I heard the counsel on both sides. It is submitted TPC.257/09 2 that out of the wedlock, the spouses have three children, and all of them are under the care and custody of the wife, mother. The children are stated to be aged 9 years, 3 years and 2 years. The facts and circumstances presented indicate that the wife has already moved a claim for maintenance for herself and also for her children imputing neglect by the husband to maintain them. Her inability to maintain herself and the children is the substratum of her case to claim maintenance from the husband. When that be so, to compel her to go over to a Family Court at a distant place situate nearly 480 kms to defend the prosecution launched against her by the husband, no doubt, is wanton cruelty. More than the plight of the wife, the court should have concern for the wellbeing of the minor children who are now under the care of the mother. Estrangement of the spouses have already deprived these children the love, affection and care of their father/husband. In such circumstances, if they are deprived of the care of the mother, in case she is compelled to go over to a Family Court at a distant place to defend the case, naturally, that will affect the wellbeing of the children, both physically TPC.257/09 3 and mentally. Considering that aspect as well, I find the request of the wife for transfer has to be granted. Ordered accordingly. The Judge, Family Court, Kozhikode is directed to transfer O.P.No.501 of 2009 to the Family Court, Kottarakkara without delay. The transferee court, on receipt of the records, shall give notice to the parties for appearance. Petition is disposed accordingly. S.S.SATHEESACHANDRAN JUDGE prp