IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Tr.P(C).No. 261 of 2009 ------------------------- OP(GW).1017/2009 of FAMILY COURT,TRIVANDRUM .................... PETITIONER/PETITIONER: ---------------------------- FATHIMA SHOBANA,W/O.MOHAMMED SHERIF, AGED 28 YEARS,RESIDING AT 39/2090(2), I.H.H.H.MANZIL,THUNDUVILAKATHU COMPOUND, ATTAKULANGARA,CHALAI P.O.,THIRUVANANTHAPURAM. BY ADV. MS.MAJIDA.S MR.K.RAJESH KANNAN RESPONDENT: --------------- MOHAMMED SHERIF (RAJAN), S/O.LATE ABDUL AZEEZ,AGED 42 YEARS, RESIDING AT U.P.IX/359 (B),DARSAN NAGAR,673, PEROORKADA P.O.,THIRUVANANTHAPURAM. ADV. MR.P.V.KUNHIKRISHNAN FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 261 of 2009 ORDER ON I.A.NO.2732/2009 IN TR.P.C.NO.261/2009 DISMISSED. 1.12.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE. // TRUE COPY // P.A TO JUDGE. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.261 of 2009 --------------------------------- Dated this the 1st day of December, 2009 O R D E R Petition is for transfer filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and respondent, the husband. Matrimonial disputes between them had led to their separation, and now over the custody of the child born out of their wedlock in proceedings are going on. Previously, there was a proceeding under the Guardian and Wards Act and it was disposed providing visitorial right to the father of the child subject to the terms and condition stipulated. After disposal of that petition, father has filed the present petition O.P(G&W). No.1017 of 2009 seeking custody of the child, before the Family Court, Nedumangad. Petitioner/mother has filed the present petition seeking transfer of that petition to the Family Court, Thiruvananthapuram submitting that the ward is having permanent residence at Thiruvananthapuram and further as an infant aged three years, it is practically difficult to carry over the child to the Family Court, Nedumangad. It is further submitted Tr.P.C.No.261 of 2009 2 that pursuant to the compromise entered in the previous proceedings the spouses cohabited together which led to her impregnation again and she is at present carrying six months. But the spouses after reunion have again fell apart and now living separately. In the present condition it is practically difficult for her to go over to the Family Court, Nedumangad to defend the Guardian and Ward proceedings initiated by the father in respect of the ward, submits the learned counsel for the petitioner. It is further submitted that the respondent is also permanently residing at Thiruvananthapuram. The learned counsel for the respondent opposed the application contending that the previous application was considered and disposed by the Family Court at Nedumangad and so much so, it is appropriate that the present proceedings also be tried by the same court. 2. Having regard to the circumstances presented by the learned counsel for the petitioner, I find that reasons canvassed for transfer deserve sympathetic consideration. I direct for transfer of O.P.No.1017 of 2009 from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram. The Tr.P.C.No.261 of 2009 3 Judge, Family Court, Nedumangad is directed to transmit the records of the case to the Family Court, Thiruvananthapuram without delay. The transferee court on receipt of the records shall issue notice to the parties for their appearance. In case any application is filed by the wife/mother seeking adjournment of the proceedings for a few months as she is at present carrying, the Judge, Family Court shall consider her case sympathetically and pass appropriate orders. Transfer petition is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-