IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Tr.P(C).No.335 of 2008 ---------------------------- OP.458/2008 of FAMILY COURT,THRISSUR .................... PETITIONER --------------- AMBILY K.M. D/O. LATE MANI, KATTUPADATH HOUSE, SWAMIPADY, ELAMAKKARA, KOCHI-26. BY ADV. SRI.R.V.SREEJITH RESPONDENT: ---------------- KIRAN KARIAT, S/O.RAVI KARIAT, KARIAT HOUSE, AYYAPPANKAVU P.O. KOZHUKKULLY VILLAGE, NADATHARA, TRICHUR. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Tr. P. C No.335 OF 2008 ------------------------------------------------ Dated this the 2nd day of February, 2009 ORDER Respondent is served, but he has not entered appearance and there is no representation on his behalf. 2. The petitioner is the wife of the respondent. It is submitted by counsel for the petitioner that the respondent/husband filed O.P.458/08 before the Family Court, Thrissur for restitution of conjugal rights; that the petitioner has filed petition claiming maintenance for herself and her minor child as M.C.378/08 before the Family Court, Ernakulam; that she is residing with her widowed mother and her child aged 8 months and is unable to go over to Thrissur to contest the case filed by the respondent/husband and that therefore, O.P.458/08 filed by the respondent/husband be transferred to Family Court, Ernakulam where Tr. P. C No.335 OF 2008 -2- she has already filed M.C.378/08. The request made by the petitioner/wife is reasonable and has to be granted. 3. In the result, allowing this transfer petition, I order that O.P.458/08 pending on the file of the Family Court, Thrissur shall stand transferred to the Family Court, Ernakulam forthwith. The Judge Family Court, Thrissur is directed to transmit the records in O.P.458/08 on the file of his court to the Family Court, Ernakulam where M.C.378/08 is pending. 4. This Transfer Petition is thus allowed. K.P.BALACHANDRAN, JUDGE kns/-