IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Tr.P(C).No. 326 of 2008 ------------------------------- OP HMA.525/2008 OF FAMILY COURT, KOTTAYAM ....................................... PETITIONER ------------------- K.K.SOUDAMINI, 40 YEARS, D/O.LATE KARUNAKARAN, KAVUMPADIYIL HOUSE POOKULATHUR, PULPATTA PO., MANJERY, MALAPPURAM. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): ---------------------- V.RAJAN, 42 YEARS, VASANTHA SADANAM KANNIMALA, ERUMELY PO., KOTTAYAM. ADV. SMT.A.K.PREETHA FOR R1 SRI.M.R.RAJESH FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. ```````````````````````````````````````````````````` Tr.P.C. No. 326 OF 2008 ```````````````````````````````````````````````````` Dated this the 2nd day of July, 2009 O R D E R Petition is for transfer filed under section 24 of the CPC. Petitioner is the wife and the respondent, the husband, and they are hereinafter referred to as such. The husband has filed a petition as OP.525/08 for a decree of divorce before the Family court, Ettumanoor. The wife is having her permanent abode at Malappuram where she is employed as a part time sweeper in a school. She has sought for transfer of the above O.P. from Family court, Ettumanoor to Family court, Malappuram in the present petition. 2. Notice being given the respondent has entered appearance through counsel. Having regard to the submissions made by the counsel and also taking note of the facts and circumstances presented, I find that the interest of justice demand a transfer of OP.525/08 pending on the file of the Family court, Ettumanoor to the Family court, Malappuram as prayed for by the wife. Convenience of the parties in attending the court has to be Tr.P.C.326/08 : 2 : taken into account in determining the question of transfer. The wife is employed as a part time sweeper in a school in Malappuram, and naturally, she has to attend to her duties every day. If the case is conducted at a far of place, she would face a lot of difficulties in attending her duties which may result in unpleasant consequences. It is further stated that her only brother is employed at a far of place in Goa, and other than the female members in the family she has none for any assistance to defend the matrimonial proceedings initiated against her by the husband. Such being the facts presented, I find it proper and necessary in the interests of justice to transfer of OP.525/08 on the file of the Family court, Ettumanoor to the Family court, Malappuram. Ordered accordingly. The Family court, Ettumanoor shall transmit the records of the case to the Family court, Malappuram without delay. Send a copy of the order to both the Family courts, and handover a copy to the counsel on both sides on usual terms. Sd/- (S.S. SATHEESACHANDRAN, JUDGE) aks