IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Tr.P(C).No. 353 of 2009() ------------------------- [OP.NO.82/2009 OF FAMILY COURT, KALPETTA] .................... PETITIONER: ------------------- AJITHA.M, AGED 29 YEARS,MANICHIRAKKAL HOUSE,THUNDIYIL (KALLADI),THUNDI.PO, THALASSERY TALUK,KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN. RESPONDENT: ---------------------- PRADEEP.A.P,S/O,PRASAD,AGED 33 YEARS, ALAPPATT VEEDU,PERIKKALLOOR.P.O,PULPALLI, SULTHANBATHERI TALUK,WAYANAD DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- TP(C) No.353 of 2009 ------------------------------------- Dated 8th April 2010 Order This is an application filed by the wife, seeking for transfer of OP No.82/09 from the Family Court, Kalpetta to Family Court, Kannur. 2. The marriage between the petitioner and the respondent was solemnized on 04.02.1999 at Kannur. The allegation is that from 2008 onwards, the respondent started neglecting the petitioner and her minor children and is not caring to maintain them. Further allegations are also made in the Writ Petition, which are not necessary to be mentioned in this Judgment, in the present context. It is sufficient to say that the respondent has instituted OP No.82/09 before the Family Court, Kalpetta seeking for restitution of conjugal rights. The petitioner points out that the Family Court, Kannur is situated about 300 kms away from her residence and it will be extremely difficult for her TPC 353/09 2 to travel all along the way to Kannur, with her minor children, to attend the Court on the posting dates and there is nobody to accompany her. Therefore, she prays for transfer of the above said OP to the Family Court, Kannur. 3. Though the respondent was served with notice, he has not entered appearance. 4. The prayer of the petitioner seems to be only just and reasonable. She has given cogent and convincing reasons for seeking transfer of the case. This Court need not disbelieve the version given by the petitioner. Accordingly, this Petition is allowed. OP No.82/09 pending before the Family Court, Kalpetta shall stand transferred to Family Court, Kannur. The parties shall appear before the said Court on 17.05.2010. P.BHAVADASAN, JUDGE sta TPC 353/09 3 TPC 353/09 4