IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Tr.P(C).No. 228 of 2009() ------------------------- GOP.839/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER/RESPONDENT: ----------------------------------------- PREETHA, AGED 36 YEARS,D/O.VELU,PADMASREE, OPP:MANJERIKAVU TEMPLE,KONGADU DESOM, PALAKKAD DISTRICT. BY ADVS. MR.K.ANAND, MR.BENNY ANTONY PAREL. RESPONDENT(S): PETITIONER: ------------------------------------------------ RAJESH, AGED 38 YEARS,S/O.KRISHNANKUTTY, VYTTALA HOUSE,KUZHUPPILLY KARA, KUZHUPPILLY VILLAGE,KOCHI TALUK. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009 ALONG WITH TPC.NO.229 OF 2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON I.A.NO.2236/2009 IN TPC.NO.228/2009 DISMISSED 18/08/2009 SD/- S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NOS.228 & 229 OF 2009 () ----------------------------------- Dated this the 18th day of August, 2009 O R D E R These two transfer petitions are filed under Section 24 of the Code of Civil Procedure. Petitioner in both the petitions is the wife, and respondent, the husband. Wife seeks transfer of two petitions GOP.No.839 of 2009 and OP.No.840 of 2009, both filed by the husband and pending before the Family Court, Ernakulam. GOP.No.839 of 2009 has been filed by the husband under the provisions of the Guardian and Wards Act to claim custody of the only child, aged eight years, born out of the wedlock of the spouses. O.P.No.840 of 2009 has been filed by the husband for restitution of conjugal rights. Petitioner, who is stated to be permanently settled at Palakkad seeks transfer of both these petitions from the Family Court, Ernakulam to the Family Court, Palakkad. 2. Notice was ordered to the respondent. After Tr.P.(C).NOS.228 & 229 OF 2009 2 accepting notice, he has not entered appearance. I heard the learned counsel for the petitioner wife. It is submitted that she is permanently settled at Palakkad and she has to attend to the needs of the child aged eight years who is attending a school. There is no one else on whom she can fall upon to go over to the Family Court, Ernakulam to attend the case launched by the husband, and so much so, the transfer of the case to the Family Court, Palakkad as prayed for is essential to advance the ends of justice. The husband having elected to remain absent, it appears, practically concedes that he has no objection to the transfer. Further more, on the facts and circumstances presented that the wife has to look after an eight year old child who is attending a school it may not be possible for the mother to leave the child and go over to the Family Court situate at a far of place, to defend the case launched against her by the husband. Spouses separated three years back and ever since the child is under the custody of the mother, is the submission of the counsel. That being so, the ordinary place of residence under Section 9 of the Guardian and Wards Act has to be taken note of to determine Tr.P.(C).NOS.228 & 229 OF 2009 3 which court is having jurisdiction to entertain any proceedings in relation to the minor child involved. Looking at that angle also, prima facie, it appears that only Family Court, Palakkad is having jurisdiction to entertain the proceedings initiated in respect of the minor child by the father. Having regard to all these aspects, I direct for transfer of GOP.No.839 of 2009 and O.P.No.840 of 2009 from the Family Court, Ernakulam to the Family Court, Palakkad. The Judge, Family Court, Ernakulam is directed to transmit the records of the case to the Family Court, Palakkad without delay. The Judge, Family Court, Palakkad, on receipt of the records, shall give notice to the parties for appearance. Both the petitions are allowed. S.S.SATHEESACHANDRAN JUDGE prp