IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Tr.P(C).No. 17 of 2009 ------------------------------- O.S. NO.961/2008 OF FAMILY COURT,KOZHIKODE. .................... PETITIONER/RESPONDENT: ---------------------------------------- OTHAYOTH SUHITHA, D/O. KUNHAPPA NAIR, AGED 30 YEARS, OLAVILAM AMSOM DESOM, TRIKANAPURAM, THALASSERY THALUK. BY ADV. MR.SUNIL NAIR PALAKKAT. RESPONDENT: ---------------------- V.M. RAJENDRAN, S/O. AMMALUAMM, 37YEARS, VARIKODI CHEETHAL HOUSE, PONMERI AMSOM PARAMBIL DESAM, VADAKARA TALUK, KOZHIKODE. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.17 of 2009 --------------------------------- Dated this the 24th day of July, 2009 O R D E R Petition for transfer is filed under Section 24 CPC. Petitioner is the wife, and respondent, the husband. Husband has filed a petition seeking restitution of conjugal rights as O.P.No.961/2008 before the Family Court, Kozhikode. The wife has filed a petition seeking maintenance under Section 125 Cr.P.C as M.C.No.548/2008 before the Family Court, Kannur. Wife seeks the transfer of O.P.No.961/2008 from the Family Court, Kozhikkode to Family Court, Kannur. 2. Notice was ordered to the husband but, he has not entered appearance. I heard the counsel for the wife. 3. Having regard to the submissions made and the facts and circumstances presented, I find transfer of O.P.No.961/2008 filed by the husband and pending before the Family court, Kozhikode to the Family Court, Kannur as prayed for by the wife, is necessary to advance the ends of justice. From the submissions made it is seen that the wife is now looking after Tr.P.C.No.17 of 2009 2 the only child, born out of their wedlock, aged 5 years. The interest of the minor child has also to be taken into consideration in ordering the transfer of the O.P. filed by the husband from Family Court, Kozhikode. Pendency of that proceeding before that court will compel the mother to leave the child unattended. If that be permitted it may have severe psychological impact on the child and may also affect his growth and well being. so much so, I order for the transfer of O.P.No.961/2008 from the Family Court, Kozhikode to the Family Court, Kannur. The Judge, Family Court, Kozhikode is directed to transmit the records of the above case to the transferee court without delay. The transfer petition is allowed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-