IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Tr.P(C).No. 178 of 2009() ------------------------- OP(DIV)1196/2008 of FAMILY COURT, ETTUMANOOR .................... PETITIONER: -------------------- P.J. MINIMOL (ALEY), D/O. JOSEPH, PARUNTHUVEETIL HOUSE, CHEMPAKAPARA, PERINCHAMKUTTY.P.O, KONNATHADY VILLAGE, IDUKKI DISTRICT. BY ADV. MR.GEORGEKUTTY MATHEW RESPONDENT(S): --------------------------- 1. P.I. BENNICHAN (SCARIA), S/O. ISSAC, PERUMPALLIL HOUSE, CHEMPILAVE, P.O. KIDANGOOR, KOTTAYAM DISTRICT. 2. ISSAC PERUMPALLIL, PERUMPALLIL HOUSE, CHEMPILAVE, P.O. KIDANGOOR, KOTTAYAM DISTRICT. 3. MARIAMMA, W/O. ISSAC, PERUMPALLIL HOUSE, CHEMPILAVE, P.O. KIDANGOOR, KOTTAYAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.178 OF 2009 () ----------------------------------- Dated this the 11th day of August, 2009 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and the respondents are the husband and his parents. Matrimonial disputes between the wife and the husband, petitioner and 1st respondent, have given rise to three proceedings, one by the husband and the other two by the wife. The husband has filed O.P.(Divorce)No.1196 of 2008 before the Family Court, Ettumanoor seeking dissolution of the marriage. Wife has filed two petitions O.P.No.17 of 2009 for return of valuables and ornaments against the husband and his parents and the other M.C.No.5 of 2009 claiming maintenance under Section 125 of the Cr.P.C. for herself and also for the child born out of their wedlock. Wife seeks transfer of O.P.(Divorce)No.1196 of 2008 from the Family Court, Ettumanoor to the Family Court, Thodupuzha, where the petitions filed by her are pending. TPC.178/09 2 2. Notice on the application was ordered to the respondents. Though respondents have been served, they have not entered appearance. 3. I heard the learned counsel for the petitioner wife. It is submitted that the only child born out of their wedlock is under her custody and the child aged ten years is attending a school. Leaving behind the child unattended, she is unable to go over to the Family Court, Ettumanoor, where O.P.(Divorce) No.1196 of 2008 filed by the husband is pending, is the submission of the learned counsel for the petitioner wife. It is further submitted that it will be convenient and more advantageous for the parties if O.P.(Divorce)No.1196 of 2008 is transferred to Family Court, Thodupuzha, where the other two petitions filed by the wife are pending. The distance from Chempakapara, the residence of the wife to Family Court, Ettumanoor is 120 kms and sufficient conveyance is also not available for her to reach that far of place is the further submission of the counsel for the petitioner wife. Having TPC.178/09 3 regard to the submissions made and taking note of the facts and circumstances presented, I find that the request for transfer made by the wife deserves sympathetic consideration. The respondents, having elected to remain absent, it appears, have practically no serious objection for the transfer sought for. More than the inconvenience and hardship of the parties, the interest of the child is to be taken into account in deciding the question of transfer, I find considerable force in the submissions made that the mother, who is having the custody of the child if compelled to go over to the Family Court, Ettumanoor, situate a far of place, will find it difficult to make arrangements to look after the child who is stated to be school going. Taking into consideration all these aspects, I direct for transfer of O.P.(Divorce)No.1196 of 2008 from the Family Court, Ettumanoor to the Family Court, Thodupuzha. The Judge, Family Court, Thodupuzha, on receipt of the records of the case, shall consider the feasibility of having joint trial of that case with O.P.No.17 of 2009, if there is no bar under law to proceed so, so that the parties can lead evidence in common. The Judge, Family Court, Ettumanoor shall transmit TPC.178/09 4 the records of the O.P.(Divorce)No.1196 of 2008 to the Family Court, Thodupuzha without delay. Petition is allowed. S.S.SATHEESACHANDRAN JUDGE prp