IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Tr.P(C).No. 55 of 2009() ------------------------ OP.NO.970/2008 of FAMILY COURT,KOLLAM .................... PETITIONER(S): ---------------------- SREEJA, W/O. SREENATH AND D/O. P.K. PURUSHOTHAMAN, AGED 32, RESIDING AT MANNUSSERIL , PEROOR P.O., PEROOR, KOTTAYAM. BY ADV. MR.E.N.HARI RESPONDENT(S): ---------------------------- OMANAKUTTAN @ SREENATH, S/O. GOPALAN, AGED 35, LAKSHMY SADANAM, KOTTAKKUPURAM, CALPPANA P.O., KARUNAGAPPALLY, KOLLAM. BY ADV. MR.S.SHANAVAS KHAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- T.R.P.(C).No.55 OF 2009 -------------------------- Dated this the 16th day of July 2009 ------------------------------------- O R D E R Petition is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and respondent, the husband. The husband has filed a petition as O.P 970/08 for dissolution of marriage before the Family Court, Kollam. The wife seeks transfer of that petition to the Family Court, Ernakulam submitting that she is unable to go over to Kollam to defend the case for various reasons. She has to attend a child aged one year born out of the wedlock and, further for sustenance in life she is attending to tailoring jobs at Ernakulam. Her engagement in that job is the only source of earning for her livelihood. The husband is stated to be a Police Constable. It is not disputed that no maintenance is provided to the wife at present. Though a request was made by the learned counsel for the husband for transferring T.R.P.(C).No.55 OF 2009 2 the case to the Family Court, Thiruvalla or Aleppey, having regard to the facts and circumstances presented, I find that has to be declined. The child aged one year needs care and attention of the mother, especially when it is not getting the love and affection of the father. If the mother of the child is compelled to go over to the Family Court at a far of place, naturally, it will affect the mental and physical growth of the child. That also deserve to be taken into consideration in judging the merit of the transfer canvassed. I find transfer of the O.P 970/2008 from the Family Court, Kollam to Family Court, Ernakulam as prayed for by the wife is essential to advance the ends of justice and it is ordered accordingly. Family Court, Kollam is directed to transmit the records of the case to the Family Court, Ernakulam without delay. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TURE COPY// P.A TO JUDGE vdv