IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Tr.P(C).No. 343 of 2009() -------------------------------------- O.P.1457/2009 OF FAMILY COURT, ERNAKULAM .... PETITIONER: ---------------------- SUCHITHRA.S,D/O.BABU RAJ, VADAKKEVALAPPIL HOUSE,PARAVOOR KARA, PUNNAPRA.P.O,ALAPPUZHA. BY ADVS. MR.P.VINODKUMAR, MR.T.K.AJITH KUMAR RESPONDENT(S): --------------------------- BINEESH SALIM,AGED 28 YEARS, S/O.P.A.SALIM,PULICKAKUDY HOUSE,KOOVALLOOR.PO, MADIYOOR,KOTHAMANGALAM,ERNAKULAM DISTRICT. BY ADVS. MR.GEO PAUL, MR.SANU MATHEW, MR.C.R.PRAMOD, MR.NOEL JOSEPH, MR.M.B.SANDEEP, MR.K.V.REJANISH, MR.S.ASHOK KUMAR. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON I.A.NO.3488/2009 IN Tr.P(C) NO.343/2009 CLOSED 18/01/2010 SD/- S.S.SATHEESACHANDRAN,JUDGE /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.343 OF 2009 () ----------------------------------- Dated this the 18th 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. Petitioner seeks transfer of O.P.No.1457 of 2009 pending on the file of the Family Court, Ernakulam to the Family Court, Alappuzha. The above petition for divorce was filed by the husband. Wife seeks transfer mainly on the ground that she is permanently settled within the jurisdiction of the Family court, Alappuzha and she has to look after a five year old child born out of the wedlock. 2. Notice given, the respondent/husband has entered appearance through counsel. Considering the submissions made and taking note of the facts and circumstances presented, I find the request made by the wife for transfer on the ground that she has to look after a five year old child TPC.343/09 2 deserve sympathetic consideration. Already that child is deprived of the love, affection and care of the father, and in case, the mother is driven to attend a Family court at a distant place, she has then to leave behind the child, which, no doubt, will have disastrous impact on its physical and wellbeing. Taking that also into consideration, I order for transfer of O.P.No.1457 of 2009 from the Family Court, Ernakulam to Family Court, Alappuzha. The Judge, Family Court, Ernakulam shall transmit the records to Family Court, Alappuzha without delay. The transferee court, on receipt of the records, shall give notice to the parties for appearance. Transfer petition is accordingly disposed. S.S.SATHEESACHANDRAN JUDGE prp