IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Tr.P(C).No. 78 of 2009 ------------------------------- (TO TRANSFER OP.NO.99/2009 OF THE FAMILY COURT, PALAKKAD TO THE FAMILY COURT,THRISSUR) .................... PETITIONER/(RESPONDENT IN THE COURT BELOW): ---------------------------------------------------------------------------- ANCY FRANCIS, AGED 30 YEARS, D/O.V.FRANCIS, ALAPPATTU HOUSE, PERAMANGALAM VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. MR.JACOB SEBASTIAN. RESPONDENT/ (PETITIONER IN THE COURT BELOW): ----------------------------------------------------------------------------- SOBBY FRANCIS, AGED 35 YEARS, S/O.P.T.FRANCIS, SHOBBY NIVAS, PALAPPURAM POST, OTTAPALAM VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.(C).No.78 of 2009 --------------------------------- Dated this the 10th day of June, 2009 O R D E R This transfer petition is filed under Section 24 of the CPC. Petitioner is the wife and respondent her husband. Petitioner has filed a petition as M.C.No.89/2004 claiming maintenance for herself and also her child alleging neglect by the husband to maintain them, and it is pending before the Family Court, Thrissur. The respondent, husband had filed a petition O.P.No.85/2005 before the Family Court, Palakkad seeking custody of the child, and in a transfer petition moved by the wife as Tr.P.C.No.103/2005, this Court ordered for transfer of that O.P. to the Family Court, Thrissur. The present petition for the transfer is necessitated on account of a fresh petition filed by the husband as M.O.P.No.99/2009 before the Family Court, Palakkad seeking dissolution of the marriage with the petitioner. In the above circumstances, petitioner seeks for transfer of that M.O.P. also to Family Court, Thrissur submitting that she is unable to go over Palakkad as she has to look after the minor child. Tr.P.(C).No.78 of 2009 2 2. Notice on admission was given to the respondent by serving notice on the counsel who appeared for him in M.O.P.99/2009 in Family Court, Palakkad. Such service was effected two months back. Respondent has not entered appearance. 3. I heard the counsel for the petitioner. 4. From the submissions made and also taking note of the facts and circumstances presented, I find transfer of O.P.99/09 from the Family Court, Palakkad to Family Court, Thrissur where two other petitions between the parties are pending for enquiry is essential to advance ends of justice. So the petition is allowed directing the Family Court, Palakkad to transfer M.O.P.99/2009 to the Family Court, Thrissur at the earliest. Communicate copy of the order to the Family Court, Palakkad and also Family Court, Thrissur. S.S.SATHEESACHANDRAN, JUDGE. bkn/-