IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Tr.P(C).No. 76 of 2010() --------------------------------- AGAINST THE ORDER IN OP 339/09 IN OPG&W.340/2009 of FAMILY COURT, THODUPUZHA. .................... PETITIONER --------------------- ELIZABETH @ SMITHA, AGED 30 YEARS, KURIYALASSERY HOUSE, KAITHAVANAM KARA, PAZHAVEEDU, AMBALAPUZHA. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): -------------------------- JACOB K.KALLARACKAL, AGED 44 YEARS, KARIKKATTUPARAMBIL, MAYILADUMPARA, UDUMPANCHOLA. ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P. BHAVADASAN, J --------------------------- T.P.C.No.76 OF 2010 ----------------------------------- Dated this the 7th day of April, 2010 O R D E R In this petition under section 24 of Cr.P.C., the petitioner seeks transfer of O.P.339/09 and O.P.340/09 pending before Family Court, Thodupuzha to Family Court, Alapuzha. 2. Marriage between the petitioner and the respondent was solemnized on 16.4.1998 at St.Mary's Church, Pala. Two children are born in the wed lock. Difference of opinion arose between them and they separated. Several allegations are made in the petition which are not necessary to be referred to for the present purpose. 3. The respondent filed two petitions before the family court, Thodupuzha seeking restitution of conjugal right and custody of children. She has produced copy of the petitions as Annexure A and B. T.P.C.No.76/10 2 4. Petitioner points out that she has to travel considerable distance to Thodupuzha with her children. She finds it extremely difficult to reach court and she has bear the expenses also for the same. Therefore, for the interest of justice it is prayed that O.Ps being transferred to Family Court, Alapuzha, so that she could regularly attend the posting dates and conduct the case properly. 5. Respondent has pointed out that he is residing at Udumpanchola and it is extremely difficult to go to Alapuzha. He has suggested Family Court, Ernakulam or Family Court, Ettumanur. 6. The learned counsel appearing for the petitioer pointed out that it is extremely difficult to travel with the two children to either of the two places. She is financially not very sound also. 7. Considering the nature of the plea raised by the petitioner, and also the nature of relief sought for, she may have to take the two children on almost all posting days. She has highlighted the practical difficulties of going to T.P.C.No.76/10 3 Thodupuzha to conduct the case. There is no reason to disbelieve her. 8. In the result, the petition is allowed. O.P.399/09 and O.P.340/09 pending before Family Court, Thopdupuzha shall stand transferred to Family Court, Alapuzha. Parties have to appear before the Family Court, Alapuzha on 27.4.2010. 9. It is reported that the respondent filed a petition for interim custody of children. That petition is pending before the Family Court Thodupuzha. Family Court Alapuzha is directed to take up the said petition and dispose of it as early as possible after receipt of records and appearance of parties. 10. Sent copy of the order to Family Court, Thodupuzha and Family Court, Alapuzha forthwith. P. BHAVADASAN, JUDGE. Sou.