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. 106 of 2009() ------------------------- OP(HMA)NO.1384/2008 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: ---------------------- P.L.RADHA, D/O.LAKSHMIKUTTY, GOPALA SADANAM, KANIYAMKONAM, PADINJATTINKARA MURI, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. MR.B.MOHANLAL RESPONDENT(S): --------------------------- UMA SANKER, S/O.CHANDRASEKHARA MENON, AYANKAMAMSTANU VILASOM, PARASSALA, THIRUVANANTHAPURAM DISTRICT. 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.106 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, and respondent, the husband. Petitioner seeks transfer of O.P No.1384/2008 filed by the husband before Family Court, Thiruvananthapuram seeking dissolution of their marriage. She has filed another petition as O.P No.1007/2008 before Family Court, Kottarakara for return of valuables and gold ornaments and also for claiming maintenance for her and also for the child born out of their wedlock. 2. Notice was ordered to the respondent. Notice was served, but the respondent has not entered appearance. Tr.P.(C).No.106 OF 2009 Page numbers 2. I heard the learned counsel for the petitioner. It is submitted that the child is now aged five years and she is now under the custody of the mother. Previously there was an O.P filed by the petitioner as O.P No.373/2006 and pursuant to mediation, that O.P was not pressed and she again joined her husband. However the reunion did not last long and at present the matrimonial disputes between them have given rise to two proceedings one at the instance of the wife and the other by husband, in different courts. Having elected to remain absent after service of notice, it appears, the husband has no objection to the transfer. Further more, the facts and circumstances presented, disclose that a transfer as desired by the wife is warranted to advance the ends of justice. A female child aged five years is under the care and custody of the mother. Her interest Tr.P.(C).No.106 OF 2009 Page numbers has also to be looked into in considering the question of transfer. Taking that aspect also into consideration, I order for transfer of O.P No.1384/2008 from the Family Court, Thiruvananthapuram to Family Court, Kottarakara. Judge, Family Court, Thiruvananthapuram is ordered to transmit the records of the above O.P 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