IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Tr.P(C).No. 123 of 2009() ------------------------- OPHMA.281/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER:PETITIONER: --------------------------------------- MANJU.R,W/O.SUDHEESH,KANAKKAPILLETH HOUSE,ARANMMULA.PO,KOZHANCHERRY TALUK, PATHANAMTHITTA. BY ADV. MR.DILIP MOHAN RESPONDENT(S): RESPONDENTS: ------------------------------------------------------ SUDHEESH,S/O.RAVEENDRAN PILLAI,PATTETTU VELLATTIL HUSE, EROOR SOUTH.PO,THRIPUNITHURA, ERNAKULAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009 ALONG WITH TPC.NO.124 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).Nos. 123 AND 124 OF 2009 -------------------------- Dated this the 19th day of August 2009 ------------------------------------- O R D E R These two petitions are for transfer filed under Section 24 of the Code of Civil Procedure. Common petitioner in these petitions is the wife and common respondent, the husband. Matrimonial disputes between the spouses have given rise to five proceedings, three of them pending before the Family Court, Thiruvalla at the instance of the wife and the other two before the Family Court, Ernakulam at the instance of the husband. Wife now seeks transfer of the two petitions filed by the husband pending before the Family Court, Ernakulam to the Family Court, Thiruvalla where the petitions filed by her are pending for adjudication. Wife seeks transfer of O.P 281 /2009, for declaration of Tr.P.(C).Nos. 123 Page numbers AND 124 OF 2009 the marriage as null and void, and O.P No.282/2009 a suit for damages, both filed by the husband, and as already stated pending before the Family Court, Ernakulam. 2. Notice of the petitions was ordered to the respondent / husband. Though notice was served, he has not entered appearance. I heard the counsel for the petitioner. Wife has filed three petitions, O.P 196/09, seeking dissolution of marriage, M.C 66/09 a proceeding under Section 125 of the Code of Criminal Procedure and O.P 218/09 for seeking a decree for return of ornaments and valuables from the husband, and all of them are pending before the Family Court, Thiruvalla. Pursuant to receiving notice in those proceedings and entering appearance before the Family Court, Thiruvalla, it is submitted, the husband has filed two petitions referred to above before the Family Tr.P.(C).Nos. 123 Page numbers AND 124 OF 2009 Court, Ernakulam. The inconvenience and difficulties of the wife to go over to Family Court, Ernakulam which is situate far away from her residence and her lack of means even to meet the conveyance charges are highlighted by the counsel for transfer of the above two O.Ps filed by the husband to the Family Court, Thiruvalla where three other petitions filed by the wife are pending adjudication. The husband after receiving notice having elected to remain absent, it appears, practically concedes that he has no objection to the transfer. Further more in considering comparative hardship of the parties with respect to questions involved in transfer of the proceedings needless to point out the case of the wife deserves more consideration where the petition sought for transfer has been filed by the husband. It is shown that the petitioner is residing within the jurisdiction of Family Court, Thiruvalla, away from Tr.P.(C).Nos. 123 Page numbers AND 124 OF 2009 the Family Court, Ernakulam. In these circumstances, I find, transfer of O.P 281/09 and 282/09 filed by the husband from the Family Court, Ernakulam to the Family Court, Thiruvalla is essential, and it is ordered accordingly. Judge, Family Court, Ernakulam is directed to transfer the records of the above cases to the Family Court, Thiruvalla without delay. Transferee court, Family Court, Thiruvalla, on receipt of the records, shall give notice to the parties for appearance. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv