IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Tr.P(C).No. 295 of 2009() ------------------------------------ OP.108/2009 of FAMILY COURT, KALPETTA .................... PETITIONER/RESPONDENT --------------------- -- AMBILI.C.K, W/O.SUDHEESH.K.S, CHACHIPARAMBIL HOUSE, VENGASSERY AMSOM AND DESOM, AMBALAPPARA, OTTAPALAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): PETITIONER ------------------------- SUDHEESH.K.S, S/O.KRISHNAN, KOVILANGIL HOUSE, MADKKIMALA.P.O, KALPATTA VIA, WAYANAD DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J. ------------------------------------- TP(C) No.295 of 2009 ------------------------------------- Dated 7th April 2010 Order This is a petition filed under S.24 CPC, seeking to have OP No.108/09, pending before the Family Court, Wayanad transferred to Family Court, Palakkad. 2. The marriage between the petitioner and the respondent was solemnized on 24.01.2007 at Palakkad. They have a child. It is stated that the petitioner was unable to suffer the cruelty meted out to her and therefore, she left the matrimonial house and took shelter in her parental house. 3. The respondent did not maintain the petitioner and therefore, she was constrained to file MC No.291/09 before the Family Court, Palakkad, seeking maintenance from the respondent. On receipt of the summons in that petition, as a counterblast, the respondent filed OP No.108/09 before the Family Court, Wayanad, seeking TPC 295/09 2 restitution of conjugal rights. 4. The petitioner points out that it is extremely difficult for her to go to Wayanad along with her child, to contest the case. She submits that there is already a case pending before the Family Court, Palakkad, filed by her and it will be only just and proper that both the cases are tried together. Therefore, she prays for transfer of OP No.108/09 pending before the Family Court, Wayanad to the Family Court, Wayanad. 5. The prayer of the petitioner seems to be only just and proper. Accordingly, this Petition is allowed. OP No.108/09 pending before the Family Court, Wayanad shall stand transferred to Family Court, Palakkad. The parties shall appear before the Family Court, Palakkad on 11.05.2010. P.BHAVADASAN, JUDGE sta TPC 295/09 3 TPC 295/09 4