IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 Tr.P(C).No. 263 of 2008() ------------------------- OP NO.813 OF 2007 OF FAMILY COURT, KOZHIKODE PETITIONER : -------------------- SHEEBA, D/O. VIJAYAN, AGED 32 YEARS, CHENOLI HOUSE, MUZHAPPILANGAD AMSOM DESOM, KANNUR DT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENT(S): --------------- K.SATHYAN, S/O. PERACHAN AGED 34 YEARS, FISHERMAN, KARUVACHALIL HOUSE, URALANGAL, P.O. MADAPALLY COLLEGE,VADAKARA. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.C.NO.263/08 ORDER IN IA NO.2322 OF 2008 IN TR.P.C.NO.263 OF 2008 DISMISSED 27.3.2009 SD/- K.T.SANKARAN, JUDGE /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. ------------------------------------ Tr.P.(C).No.263 of 2008 ------------------------------------ Dated this the 27th day of March, 2009 ORDER The Transfer Petition is filed by the petitioner praying for transfer of O.P.No.813 of 2007, on the file of the Family Court, Kozhikode, to the Family Court, Kannur, where M.C.No.415 of 2008 is pending. 2. The petitioner wife filed M.C.No.415 of 2008 before the Family Court, Kannur, claiming maintenance. Before that, the husband had filed O.P.No.813 of 2007 before the Family Court, Kozhikode, for the restitution of conjugal rights. Both these cases are pending. 3. Though notice was served, the respondent has not entered appearance. 4. It is stated by the petitioner that she is residing at Muzhappilangad and that place is 80 km. away from the Family Court, Kozhikode. The marriage between the parties took place at Muzhappilangad. The respondent is residing at Vadakara. It is stated that the distance from Vadakara to the Family Court, Kannur, is 42 km. and to the Family Court, Kozhikode, is 45 km. It is also Tr.P.C No.263/2008 2 stated that the petitioner’s father is no more and she has to maintain her child aged only 3 years. The petitioner has stated that it would be highly difficult for her to travel from Muzhappilangad to Kozhikde and attend the Family Court at Kozhikode. 5. In the facts and circumstances of the case, I am of the view that to suit the general convenience of the parties and to avoid the greater hardship to the wife, it is just and reasonable to transfer O.P.No.813 of 2007, on the file of the Family Court, Kozhikode, to the Family Court, Kannur, where M.C.No.415 of 2008 is pending. By such a transfer, the respondent would not be much prejudiced. On the other hand, if the two cases are tried before two Family Courts, both parties would be put to great difficulties. In the result, the Transfer Petition is allowed. O.P.No.813 of 2007 pending before the Family court, Kozhikode, shall stand transferred to the Family Court, Kannur, where M.C.No.415 of 2008 is pending. The registry shall send a copy of the order to the Family Court, Kannur and the Family Court, Kozhikode. K.T.SANKARAN, JUDGE csl