IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Tr.P(C).No. 22 of 2009() ------------------------ OP.1228/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER/RESPONDENT: ------------------------------ SURITHA PONNENKANDY, D/O. SURNDRAN CHIMMINIAN, AGED 29 YEARS, DOCTOR, GOLDEN VILLA, VALIYANUR, VARAM POST, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S)/PETITIONER: ------------------------- SUJUMON RAJENDRAN, S/O. VIJAYAMMA KUTTAPPAN, 36 YEARS, PAPATHUM KUZHIYIL, PUTHIAKAVU, MAVELIKKARA POST, ALAPPUZHA. ADV. SRIR.AZAD BABU FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.91/09 IN Tr.P.(C).NO.22/09 DISMISSED. 21/01/10 S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.22 OF 2009 () ----------------------------------- Dated this the 21st day of January, 2010 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife, and the respondent, the husband. Wife seeks transfer of O.P.No.1228 of 2008, petition for divorce filed by the husband before the Family Court, Alappuzha to the Family Court, Kannur. 2. Notice given, the respondent/husband has entered appearance. I heard the counsel on both sides. From the submissions made, it is seen that the spouses have a child, aged two years, and that infant is under the care and custody of the mother. Wife is employed as a doctor and permanently settled at Kannur. Husband is stated to be employed outside the country. Having regard to the above circumstances and more particularly that she has to look after a two year old child, I find her request for transfer deserves consideration. TPC.22/09 2 The learned counsel for the respondent opposed the application submitting that the husband is apprehensive to go over to Kannur as there is a threat to his person from the relatives of the wife, who are stated to be highly influential. The apprehension expressed by the husband is refuted by the learned counsel for the petitioner wife as devoid of any merit. Whatever that be, the Family court, Kannur, it is submitted, is having camp sitting at Thalassery. So much so, even on transfer of the case to the Family court, Kannur, the case can be tried at its camp sitting at Thalassery except in the matter of conciliation proceedings, which most probably may have to be held at Kannur itself. I am not passing any order in that regard, but the Judge, Family Court, Kannur is directed to take note of the apprehension expressed by the counsel for the respondent before this Court, and if it is feasible and practicable, then trial of the case to the extent possible will be held at the camp sitting at Thalassery. Subject to the above direction, I order for transfer of O.P.No.1228 of 2008 from the Family Court, Alappuzha to the Family Court, Kannur. The Judge, Family Court, Alappuzha shall transmit the records TPC.22/09 3 of the above case without delay. The transferee court, on receipt of the records, shall give notice to the parties for appearance. Transfer petition is accordingly disposed. S.S.SATHEESACHANDRAN JUDGE prp