IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Tr.P(C).No. 203 of 2009() -------------------------------------- OP(DA).558/2008 of FAMILY COURT,KOLLAM .................... PETITIONER (S): -------------------- MARY SUMAM, AGED 29 YEARS, D/O. ANNAMMA JEROM, THOTTUNGAL HOUSE, THUMPOLY, NOW RESIDING AT CHOOLKANDATHIL HOUSE, KALAVOOR P.O., ALAPPUZHA. BY ADVS.MR.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): -------------------------- ANIL C. PEREIRA, AGED 31 YEARS, S/O. S.F. MARK, MARK VILLA, HARISREE NAGAR, HOUSE NO.21, KOLLAM -01. BY ADV. MR.P.SIVARAJ THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.203 OF 2009 -------------------------- Dated this the 17th day of September 2009 ------------------------------------- JUDGMENT Petition for transfer 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 No.558 of 2008 before the Family Court, Kollam for dissolution of marriage. Wife has filed a petition as M.C No.62 of 2009 claiming maintenance for herself and the child aged two years born out of their wedlock and that petition is pending before the Family Court, Alappuzha. Wife seeks transfer of O.P No.558/2008 on the file of the Family Court, Kollam to the Family Court, Alappuzha. 2. Notice being given to the respondent / husband, has entered appearance. I heard the counsel on both sides. The learned counsel for the Tr.P.(C).No.203 OF 2009 Page numbers wife submitted that the only child born out of the wedlock, a girl, aged two years, has constant complaints requiring medical attendance from time to time. A medical report showing her illness owing to various ailments is produced as Annexure A3 with the petition. Wife has none to assist her to go over to Family Court, Kollam to defend the case launched by her husband is the further submission of the counsel. On the other hand, the learned counsel for the husband inviting my attention to the allegations raised in his petition, a copy of which is produced by the petitioner as Annexure A1, submitted that there is threat to his life as the family members of the wife have connection with anti social elements and so much so, a transfer to the Family Court, Alappuzha as desired by the wife cannot be allowed. Having regard to the facts and circumstances presented with reference to the submissions made by Tr.P.(C).No.203 OF 2009 Page numbers the counsel on both sides, I find, more than the convenience of the spouses in determining which court is suitable for trial of the case, it is all the more important to consider the interests of the child born out of the wedlock of the spouses. The child aged two years is admittedly under the care and custody of the mother. Needless to point out the child is deprived of the love, care and affection of the father in view of the estrangement of the spouses, whatever be the reason thereof. If the wife is compelled to go over to a distant place to defend the case filed against her by her husband, naturally she will have to carry the child with her or leave it under the care of someone else. Having regard to the age of the infant, I find whatever course is followed by the mother, that will have disastrous consequence on the mental and physical well being of that child. Weighing that also into consideration, I find the request of Tr.P.(C).No.203 OF 2009 Page numbers the wife for transfer of the case filed by the husband pending before the Family Court, Kollam to Family Court, Alappuzha has to be allowed. So far as the apprehension raised by the husband there is threat to his life, it is open to him to approach the law enforcing authorities for redressal of his grievance, if any. I direct the Judge, Family Court, Kollam to transfer the records of O.P No.558/2008 to the Family Court, Alappuzha without delay. The transferee court on receipt of the records shall give notice to the parties for appearance. Petition is disposed as above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv