IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Tr.P(C).No. 50 of 2009 ------------------------------- OP.NO.1079/2008 OF FAMILY COURT,KOZHIKODE. .................... PETITIONER: ------------------- K.SHOBHA , AGED 33 YEARS, D/O. KRISHNAN, RAMA NIVAS, KATHIRI , B.T. GARDEN, MANGALORE, KARNATAKA STATE. BY ADVS. MR.JACOB. E. SIMON, SMT.SHAMEENA SALAHUDHEEN. RESPONDENT: ---------------------- M.S. BABU, AGED 35 YEARS, S/O. SUBRAHMANIAN, KAITHAVALAPPU, KALLAI, V.K. KRISHNA MENON ROAD, PANNIYANKARA AMSOM DESOM OF KOZHIKODE DISTRICT. BY ADV. MR. A.V.M.SALAHUDIN. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.50 of 2009 --------------------------------- Dated this the 28th day of July, 2009 O R D E R This transfer petition is filed under Section 24 CPC. Petitioner is the wife and respondent, the husband. Petitioner is permanently settled at Mangalore and the respondent at Kozhikode. Spouses have a child, aged 3 years, born out of their wedlock, and the infant is now under the care and custody of the mother, the petitioner. Matrimonial disputes between them have given rise to two proceedings, one at the instance of the wife and the other by the husband. Wife has commenced a proceeding claiming maintenance under Section 125 Cr.P.C for herself and also for the child. That petition numbered as M.C.No.3/2009 is pending before the Family Court, Mangalore. Husband has filed a petition for dissolution of marriage and that petition numbered as O.P.No.1079/2008 is pending before the Family Court, Kozhikode. Wife has filed the above petition seeking transfer of O.P.No.1079/2008 from the file of the Family Court, to the Family Court, Mangalore, where the M.C.NO.3/2009 is pending. Tr.P.C.No.50 of 2009 2 2. Notice being given, the husband has entered appearance. I heard the counsel on both sides. 3. The wife has to look after a three year old child and it is practically impossible for her to leave behind the child to attend the Family Court, Kozhikode, which is stated to be situate nearly 300 km away from Mangalore, on the posting dates of O.P.No.1079/2008. She has nobody to accompany her and, further, the journey to and fro to attend that court will take minimum of two days is the further case canvassed by her counsel to sustain the relief sought for in the petition. On the other hand learned counsel for the husband submitted that she has appeared before the Family Court, Kozhikode several times and as compared with her the husband lacks financial capacity and he is eking out his livelihood by driving an authorikshaw and he will not be able to go over to Mangalore and prosecute the case, if the case is transferred as desired by the wife. The learned counsel for the husband submitted that if at all a transfer for convenience of the wife is necessary, the O.P. may be transferred to the Family Court, Kannur. Apart from the interest of the wife and husband in considering the merit of the transfer and the request made by the Tr.P.C.No.50 of 2009 3 wife, I find interest of the child should also receive consideration. The only child born out of the wedlock of the parties is stated to be three years and presently under the care and custody of the mother, who stands deprived of the love and affection of his father. In case it is deprived of the attention of the mother also, naturally, it may have severe impact affecting his growth and wellbeing. So much so, in considering the comparitive inconvenience and difficulties of the parties in the matter of transfer, I find, taking into account the paramount interest of the infant child also, the request made by the wife has to be allowed. So much so, O.P.1079/2008 on the file of the Family Court, Kozhikode is withdrawn and transferred to the Family Court, Mangalore. The Judge, Family Court, Kozhikode shall transmit the records to this court without delay and the registry shall transmit the records to the Family Court, Mangalore with a copy of this order. The transferee court shall issue notice to the parties for appearance on receipt of records. The petition is allowed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-