IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Tr.P(C).No. 161 of 2009 --------------------------------- OP.NO.302/2009 OF FAMILY COURT,KOZHIKODE. .................... PETITIONER: ------------------- K.P.BINDU, W/O.CHANDRAN, AGED 33 YEARS, KANHIPOYIL MEETHAL HOUSE, KARIYAD SOUTH P.O., KANNUR DISTRICT. BY ADV. MR.CIBI THOMAS. RESPONDENT: ---------------------- P.M.CHANDRAN, S/O.KRISHNAN, PILACHERI MEETHAL HOUSE, THODANNUR P.O., VADAKARA, KOZHIKODE DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.161 of 2009 --------------------------------- Dated this the 23rd day of July, 2009 O R D E R The petition is for transfer filed under Section 24 CPC. Petitioner is the wife and respondent, the husband. The wife has filed a petition seeking maintenance from the husband for her and also the two children born out of their wedlock, and that petition filed under Section 125 Cr.P.C is pending before the Family Court, Kannur. Husband has filed another petition as O.P.No.302/2009 before the Family Court, Kozhikode for restitution of conjugal rights. Wife has filed the transfer petition seeking transfer of O.P.No.302/2009 on the file of the Family Court, Kozhikode to Family Court, Kannur. 2. Notice was issued to the husband, but, it was returned after considerable time. Petitioner was directed to serve notice on the counsel appearing for the respondent in the court below. It was reported that notice served on the counsel for the respondent was refused to be accepted and thereupon the petitioner was directed to file an affidavit. She has filed an affidavit as to the attempt made to serve notice on the counsel Tr.P.C.No.161 of 2009 2 for the respondent and refusal of acceptance. I find no reason to doubt the averments made in the affidavit by the wife and it is declared due service has been effected on the husband. 3. I heard the counsel for the wife. 4. It is submitted that the marriage of the spouses, the last residing together of the spouses before their estrangement etc., were within the jurisdiction of the Family Court, Kannur. After filing of the petition for maintenance by the wife, to harass her, according to the counsel, the husband has filed the petitioner for restitution of conjugal rights wilfully and purposely, before the Family Court, Kozhikode. The wife has to attend to the needs of the two children born out of their wedlock and they are under her care and custody is the further submission of the counsel, for the relief of transfer claimed in the petition. 5. Having regard to the submissions made and taking note of the facts and circumstances presented, I am satisfied that the interest of justice demand transfer of O.P.No.302/2009 filed by the husband and pending before the Family Court, Kozhikode to the Family Court, Kannur. The eldest child is stated to be aged 12 years and the other aged 9 years. Children are with the Tr.P.C.No.161 of 2009 3 mother and their needs are attended to by her. Both the children are stated to be attending schools. When that be so, if they are deprived of the care and attention of the mother especially, when the father is keeping away, if she is compelled to go over and to attend a Family Court at a far off place to defend herself, then, naturally, it may affect their growth and wellbeing apart from causing them mental agony. The interests of the children also require to be taken note of in judging the merit of the request for transfer. Taking into all these aspects, I find that transfer of O.P.No.302/2009 on the file of the Family Court, Kozhikode to the Family court, Kannur where M.C.No.533/2008 is pending, is essential to advance the ends of justice and it is ordered accordingly. The Family Court Judge, Kozhikode shall transmit the records of the above case to the transferee court without delay. The petition is allowed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-