IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 Tr.P(C).No. 117 of 2009 -------------------------------- [OP.NO.1490/2008 OF FAMILY COURT,TRISSUR] .................... PETITIONER: ------------------- BENCY,D/O.LATE P.T.JOSEPH, AGED 32 YEARS,PUTHUKKADAN HOUSE, RUBY LANE,THAMMANAM,ERNAKULAM DISTRICT. BY ADV. MR.V.P.REGHURAJ. RESPONDENTS: ------------------------ 1. M.I.JOJY,S/O.ENASU,AGED 43 YEARS, MANJILA HOUSE,ST.GEORGE STREET, KURIACHIRA P.O.,TRISSUR DISTRICT. 2. M.V.MARY,W/O.ENASU,AGED 71, -DO- -DO- BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.117 OF 2009 -------------------------- Dated this the 18th day of September 2009 ------------------------------------- ORDER Petition for transfer filed under Section 24 of the Code of Civil Procedure. Wife is the petitioner and respondent the husband. Previously on an application moved by the petitioner for dissolution of marriage numbered as O.P No.442 of 2007 on the file of the Family Court, Ernakulam a decree of divorce was granted. Petitioner has now filed a petition for claiming maintenance for herself and the two children born out of the wedlock with the respondent under Section 125 of the Code of Criminal Procedure and that proceeding is pending as M.C No.280/2008 before the Family Court, Ernakulam. She has filed another petition seeking return of the gold ornaments from the husband and that suit numbered as O.P No.1490/2008 Tr.P.(C).No.117 OF 2009 Page numbers is pending on the file of the Family Court, Thrissur. She seeks transfer of the above petition to the Family Court, Ernakulam where her claim for maintenance is pending consideration. 2. Notice of the petition was given to the respondent. After receiving notice he remains absent. I heard the learned counsel for the petitioner. The respondent / husband having elected to remain absent after acceptance of notice, it appears, practically concedes that he has no objection to the request for transfer made by the wife. From the submissions made by the learned counsel for the petitioner and also the statements made in the petition, I find, the request for transfer made by the wife deserves consideration. Her two daughters are students and there is none to take care of them is the submission of the counsel. She will have to leave the children unattended, if compelled to go Tr.P.(C).No.117 OF 2009 Page numbers over and prosecute the case O.P No.1490/2008 at the Family Court, Thrissur. Suit was filed before that court only of the reason that the gold ornaments were collected by the husband while the spouses lived at that place is the further submission of the counsel. Taking note of the submissions made and facts and circumstances presented, I find, the request of transfer has to be allowed. The Judge, Family Court, Thrissur is directed to transmit the records of O.P No.1490/2008 to the Family Court, Ernakulam. Transferee court on receipt of the records shall give notice to the parties for appearance. Subject to the above directions, petition is disposed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TURE COPY// P.A TO JUDGE vdv