IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Tr.P(C).No. 220 of 2009() ------------------------- PETITIONER (S):-RESPONDENT ------------------------------------------ JYOTHI, AGED 24, D/O.K.P.MOHANDAS, "JAGADI", KOTTUKKARA, KONDOTTY P.O., MALAPPURAM DISTRICT. BY ADV. MR.K.SHIBILI NAHA RESPONDENT(S): PETITIONER ------------------------- SHIJITH, AGED 29, S/O.DR.C.P.HAREENDRANATH, "CHARUTHA", THAVARATTU MEETHAL PARAMBA, CHEVAYOOR, KOZHIKODE-673 017. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA. NO.2059/2009 IN TPC. NO.220/2009 DISMISSED 20/08/2009 SD/- S.S.SATHEESACHANDRAN, JUDGE TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.220 of 2009 --------------------------------- Dated this the 20th day of August, 2009 O R D E R Petition for transfer is filed under Section 24 of CPC. Petitioner is the wife and respondent, the husband. Wife has filed a petition for maintenance under Section 125 Cr.P.C. and it is pending as M.c.No.638 of 2009 before the Family Court, Malappuram. Husband has filed a petition for restitution of conjugal rights as O.P.No.510 of 2009 before the Family Court, Kozhikode. Wife seeks transfer of the above O.P. from the Family Court, Kozhikode to the Family Court, Malappuram, where her petition for maintenance is pending. 2. Notice of the petition was ordered to the respondent. Though notice served, respondent has not entered appearance. 3. I heard the counsel for the petitioner. 4. It is submitted that the wife has no means and there is none to assist her to go over to Family Court, Kozhikode to defend O.P.No.510 of 2009 filed by the husband before that court. She is permanently settled in Malappuram, within the jurisdiction of the Family Court at that place, is also canvassed by the counsel to sustain the request made by her for transfer. The Tr.P.C.No.220 of 2009 2 husband after receipt of notice having elected to remain absent, it appears, practically concedes that he has no objection to the transfer. Further more, in considering the question of transfer and assessing comparative hardship of the parties in a matrimonial proceedings, the inconvenience and injury likely to be suffered by the wife, naturally, must get more consideration. That too, especially when the petition has been filed by the husband. In the given facts and circumstances of the case, I find transfer of O.P.No.510 of 2009 from the Family Court, Kozhikode to the Family Court, Malappuram as requested for by the wife, is essential to advance the ends of justice, and it is ordered accordingly. The Judge, Family Court, Kozhikode is directed to transmit the records of the above O.P. without delay. The transferee court, Family Court, Malappuram, on receipt of the records shall give notice to the parties for appearance. Petition allowed. Handover a copy of the order to the learned counsel for the petitioner on usual terms and send a copy to both the Family Courts concerned. S.S.SATHEESACHANDRAN, JUDGE. bkn/-