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. 130 of 2009() ------------------------- OP.NO.312/2009 of FAMILY COURT, KANNUR .................... PETITIONER/RESPONDENT: ----------------------------------------- RENI.T.V., AGED 27 YEARS, D/O.KUMARAN, "NEERAJAM", PATTUVAM.(P.O.), THALIPARAMBA VILLAGE, THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. MR.M.SASINDRAN, MR.K.P.HARISH. RESPONDENT(S): PETITIONER: ------------------------------------------------ AJIKUMAR, AGED 35 YEARS, S/O.SREEDHARAN, THENERI HOUSE, P.O.KADALUNDY, KOZHIKODE, PAZHANJANNUR AMSOM DESOM, KOZHIKODE THALUK, KOZHIKODE DISTRICT. BY ADV. MR.P.S.SREEDHARAN PILLAI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.130 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 respondent, the husband. Matrimonial disputes between them have given rise to two proceedings, one at the instance of the husband and the other by the wife apart from a criminal proceedings under the Protection of Women From Domestic Violence Act, 2005. Wife has filed a petition claiming maintenance from the husband under Section 125 of the Cr.P.C., and that is pending as M.C.No.77/2009 before the Family court, Kannur. Husband has filed a petition as O.P.No.312/2009 for dissolution of marriage, which is pending before the Family Court, Kozhikode. Petition filed by the wife alleging inhuman treatment by the husband invoking the provisions under the Protection of Women From Domestic Violence Act, 2005 is also pending before the Judicial First Class Magistrate Court, Thaliparamba. Wife has filed the present petition seeking the TPC.130/09 2 transfer of O.P.No.312/2009, pending before the Family Court, Kozhikode to the Family Court, Kannur where the application for maintenance filed by her is pending. 2. Notice given, the respondent has entered appearance. 3. I heard the counsel on both sides. The application is opposed by the counsel for the respondent submitting that the spouses lastly resided together at Kozhikode and the husband, who is now undergoing training at Walayar employed as a forester, has to travel considerable distance if transfer of the case is ordered. On the other hand, threat to her life is canvassed by the wife submitting that she had been subjected to assault by the husband and that had already given rise to the petition filed by her imputing offence under the Domestic Violence Act against him before the court. She is apprehensive of appearing before the Family Court, Kozhikode and there is none to accompany her to that place, is the further grievance canvassed. Having regard to the submissions made and taking into consideration the plight of TPC.130/09 3 an estranged wife and most probably with none to assist her, I find her request for transfer has to be sympathetically considered. A petition filed by the wife for claiming maintenance is already pending before the Family Court, Kannur. It is proper and appropriate to transfer the petition filed by the husband O.P.No.312/2009 also to that court so that the same Judge will be in a position to consider the disputes between the parties and pass appropriate orders in accordance with law. So much so, I direct for transfer of O.P.No.312/2009 on the file of the Family court, Kozhikode to the Family Court, Kannur. The Judge, Family court Kannur on receipt of the records shall give notice to the parties for appearance. Petition is allowed. S.S.SATHEESACHANDRAN JUDGE prp