IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Tr.P(C).No. 196 of 2009 --------------------------------- OP. NO.114/2009 OF FAMILY COURT,THRISSUR. .................... PETITIONER: ------------------- SMITHA V., AGED 28 YEARS, D/O. VIJAYAN PILLAI, ILLIKKUZIHIYIL HOUSE, KUTTOOR DESOM, KUTTOOR VILLAGE, THIRUVALLA. BY ADVS. MR.SATHISH NINAN, MR.SANTHOSH MATHEW. RESPONDENT: --------------------- SARATH KUMAR, AGED 31 YEARS, S/O. SASIDHARAN NAIR, KANNAT HOUSE, IRINJALAKKUDA DESOM, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. MR.P.VIJAYA BHANU, MR.V.A.JOHNSON (VARIKKAPPALLIL). THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.196 OF 2009 () ----------------------------------- Dated this the 27th day of July, 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 the respondent, the husband. The husband has filed a petition as O.P.No.114/2009 before the Family court, Thrissur seeking the dissolution of their marriage. Wife seeks transfer of that petition to Family Court, Thiruvalla, within the jurisdiction of which she is residing. 2. Notice on the application given, husband has appeared through his counsel. The learned counsel for the husband contended that the Family court, Thiruvalla has already disposed of another petition moved by the wife in which an adverse order was passed against him. That petition relate to a claim by the wife for return of gold ornaments Tr.P.(C).196/09 2 allegedly retained by the husband. Learned counsel for the husband submits that if at all a transfer is ordered, the petition may be transferred to Family court, Aleppey. The learned counsel for the wife submitted that she has to look after a three year old child born out of the wedlock and there is none to take care of that infant. Her inability to attend the Family Court at Aleppey as the child requires her care and attention is canvassed by the counsel for the transfer of the O.P. as requested for in the petition. 3. The plight of an estranged wife to take care of an infant, aged three years, has to be taken into account considering the merit of the request for transfer moved by her. The child who has been deprived of the love and affection of the father in view of the estrangement of the spouses, no doubt, will suffer severe mental and psychological pressure in case he is not getting proper care and attention from his mother. So much so, the interest of the child has also to be looked into and considered in determining the rival case presented by the spouses in the matter of transfer. If the wife Tr.P.(C).196/09 3 is compelled to go over to Family court, Aleppey, I have no doubt that more than the difficulties faced by her, the child will suffer. That being so, I find the request of the wife for transfer of the case to Family court, Thiruvalla has to be granted. There is no merit in the apprehension canvassed that as the Judge, Family court, Thiruvalla has already decided one case against the husband of course he may not get fair deal. No imputation is made against the Judge by the husband and the apprehension canvassed without anything more cannot be taken note of as a valid ground for transferring the case to Family court, Aleppey as desired by him. I direct the Judge, Family court, Thrissur to transfer O.P.No.114/2009 to the Family Court Thiruvalla. The Judge Family court, Thiruvalla on receipt of the records, shall give notice to the parties for appearance. Petition is allowed. S.S.SATHEESACHANDRAN JUDGE prp Tr.P.(C).196/09 4