IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Tr.P(C).No. 299 of 2009() ------------------------- OP.1105/2008 of FAMILY COURT,THRISSUR .................... PETITIONER: -------------------- JAYALAKSHMI C/O.LAKSHMANAN, POOVALAPPIL HOUSE,BEEACH ROAD, KOILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.JOMY GEORGE SRI.M.J.BENNY SRI.SEBASTIAN THOMAS SRI.P.REJINARK RESPONDENT(S): --------------- SUKUMARAN, MAKKOTH HOUSE, KANDASSAMKADAVU PO, VATANAPALLY, THRISSUR DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TPC.299/09 ORDER IN I.A.NO.3094/09 IN TR.P.(C).299/09 DISMISSED. 9.12.2009 S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.299 OF 2009 () ----------------------------------- Dated this the 9th day of December, 2009 O R D E R Petition is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and the respondent, the husband. Husband has filed a petition for divorce as O.P.No.1105 of 2008 before the Family Court, Thrissur. Wife seeks transfer of that case to the Family Court, Kozhikode. 2. Though notice served, respondent has not entered appearance. Electing to remain absent, it appears, the respondent/husband concedes that he has no objection to the transfer requested for by the wife. The learned counsel for the petitioner submits that the wife had filed a claim for maintenance for herself and also for the child earlier as M.C.No.209 of 2003 before the Family Court, Kozhikode. Though an order was passed awarding maintenance of Rs.800/- per month to the wife it has not been honoured by the husband, and as a counter blast, according to the counsel, the TPC.299/09 2 present petition for divorce has been filed. It is submitted that the wife with the only child born out of the wedlock is permanently residing at Koylandi, and it is practically difficult for her to go over to Thrissur to defend the case launched against her by the husband at the Family Court, Thrissur. Having regard to the submissions made, I find the request for transfer made by the wife has to be allowed. Ordered accordingly. The Judge, Family Court, Thrissur is directed to transmit the records of O.P.No.1105 of 2008 of the Family Court, Kozhikode. The transferee court, on receipt of records, shall give notice to the parties for appearance. Transfer petition is accordingly disposed. S.S.SATHEESACHANDRAN JUDGE prp