IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Tr.P(C).No. 254 of 2009() ------------------------- OP.650/2009 of FAMILY COURT,KOZHIKODE .................... PETITIONER (S): RESPONDENT IN OP: --------------------------- SHINY, D/O.SHANMUGHAN, KARIBACHAN HOUSE, ERATTAPUZHA DESOM, KADAPRAM VILLAGE, BLANGAD P.O., CHAVAKKAD, THRISSUR DISTRICT. BY ADV. MR.K.N.PADMAKUMAR RESPONDENT(S): PETITIONER IN OP: -------------------------------- MAHESH, S/O.RAVINDRANATH, KADAKKALAKATH HOUSE, NORTH BEACH ROAD, NADAKAVU P.O., KOZHIKODE-11. ADV. MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA. NO.2678/2009 IN TrP.C. NO.254/2009 DISMISSED 02.11.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.254 of 2009 --------------------------------- Dated this the 2nd day of November, 2009 O R D E R Petition is for transfer filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and respondent, the husband. Wife seeks transfer of O.P.No.650 of 2009 pending on the file of the Family Court, Kozhikode which was filed by the husband seeking dissolution of marriage. She has filed two petitions, one for return of ornaments and valuables and, the other seeking maintenance for her and also the child born out of the wedlock of the parties. The above petitions are numbered as O.P.No.1060 of 2009 & M.C.No.249 of 2009, both of them on the file to the Family Court, Thrissur. Leaving behind the infant who is aged seven months she is unable to go over to the Family Court, Kozhikode, is the main reason canvassed by the wife apart from her financial instability in conducting the case at a far off and distant Family Court. 2. Notice being given the respondent has entered appearance through counsel. I heard the counsel on both sides. Tr.P.C.No.254 of 2009 2 3. The application is opposed. Husband has filed the application first in point of time and just before filing the transfer petition wife had moved her applications, is the submission of the learned counsel for the husband contending that her applications had been filed only for the purpose of facilitating the transfer requested for. Whatever that be, on the facts presented, it is seen, the wife has to look after a seven month old child. In view of the estrangement of the spouses needless to point out the child has been deprived of love, care and attention of its father, the respondent, husband. In case the wife is compelled to go over to Family Court, Kozhikode, where the husband has filed the petition, either she has to carry the infant with her or leave it under the care of some one else in the family. Whatever be the situation emanating therefrom it will have disastrous impact on the growth and wellbeing of the infant. So much so, I find the request for transfer deserves sympathetic consideration. O.P.No.650 of 2009 on the file of the Family Court, Kozhikode is ordered to be transferred to Family Court, Thrissur where two petitions filed by the wife are pending. The Judge, Family Court, Tr.P.C.No.254 of 2009 3 Kozhikode shall transmit the records of the above above without delay. Transferee court on receipt of the records shall issue notice to the parties for their appearance. S.S.SATHEESACHANDRAN, JUDGE. bkn/-