IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Tr.P(C).No. 323 of 2009() ------------------------- OP.744/2009 of FAMILY COURT, THIRUVALLA .................... PETITIONER (S): -------------------- PREETHA, AGED 37 YEARS, DEEPU NIVAS, SADANANDAPURAM P.O., KOTTARAKKARA. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------- GIRISH, AGED 39 YEARS, S/O.CHANDRASEKHARAN NAIR, MANGALATHU PUTHE VEETTIL THUVAYOOR THEKKU MURI, KADAMBANADU P.O., ADOOR TALUK, PATHANAMTHITTA DISTRICT. ADV. SMT.A.SREEKALA FOR R THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.3330/2009 IN TR.P.(C).NO.323/2009 CLOSED. 4.1.2010 SD/- S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.323 OF 2009 () ----------------------------------- Dated this the 4th day of January, 2010 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife, and the respondent, the husband. Husband has filed a petition as O.P.No.744 of 2009 before the Family Court, Thiruvalla seeking a decree of restitution of conjugal rights. Wife, who is stated to be permanently settled at Kottarakara, has sought for transfer of that petition to the Family Court, Kottarakara by filing the above petition. 2. Notice was ordered to the respondent. But despite service, the respondent/husband has not entered appearance. I heard the learned counsel for the petitioner. Out of the marital relationship, two children were born to the parties and they are stated to be now under the care and custody of the petitioner/wife. She has to look after the minor children who TPC.323/09 2 are stated to be studying in a school at Kottarakkara. Having elected to remain absent after receiving notice, it appears, the respondent/husband has no objection in allowing the transfer sought for by the wife. Considering the facts and circumstances presented, I find the request for transfer deserve to be allowed. O.P.No.744 of 2009 on the file of the Family Court, Thiruvalla is ordered to be transferred to the Family Court, Kottarakara. The Judge, Family Court, Thiruvalla shall transmit the records to the Family Court, Kottarakara, without delay. The transferee court, on receipt of records, shall give notice to the parties for appearance. Transfer petition is disposed accordingly. S.S.SATHEESACHANDRAN JUDGE prp