IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Tr.P(C).No. 128 of 2009() ----------------------------------- OP. NO.313/2009 OF FAMILY COURT, MALAPPURAM ......... PETITIONER (S) -------------------------- PREEJAMOL.P., AGED 26 YEARS, D/O.K.S.PEETHAMBARAN, PREEJA BHAVAN, THANNITHODU P.O., KONNI, PATHANAMTHITTA. BY ADVS. MR.M.T.SURESHKUMAR MR.RAJAVIJAYARAGHAVAN RESPONDENT(S): ---------------------------- PRAMJITH.P.B. @ SUNI, AGED 32 YEARS, S/O.G.BHAKARAN, PREMALAYAM, PARAKKAL HOUSE, EDAKKARA P.O., MALAPPURAM DISTRICT. R1 BY ADV. MR.BABU S. NAIR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A. NO.993/2009 IN TRPC. NO.128/2009 DISMISSED 27/08/2009 SD/- S.S.SATHEESACHANDRAN, JUDGE TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.128 of 2009 --------------------------------- Dated this the 27th day of August, 2009 O R D E R Petition for transfer is filed under Section 24 CPC. Petitioner is the wife and respondent, the husband. Petitioner seeks transfer of O.P.No.313 of 2009 filed by the husband seeking restitution of conjugal rights pending before the Family Court. She has filed another petition as O.P.No.289 of 2009 for return of valuables and gold ornaments and that is pending before the Family Court, Thiruvalla. Petition filed by the husband is sought to be transferred to the Family Court, Thiruvalla. 2. Notice was ordered to the respondent/husband. After receiving notice has has not entered appearance. I heard the counsel for the petitioner. 3. It is submitted by the learned counsel for the wife that the petitioner is unemployed and she has none to depend upon to go over to the Family Court, Malappuram to defend the case launched against her by the husband. The husband has elected to remain absent from which, it appears, he practically concedes that he has not objection to the transfer. Tr.P.C.No.128 of 2009 2 4. Having regard to the facts and circumstances presented and the submissions made by the counsel for the petitioner, I find the request for transfer deserve consideration and merit. I order transfer of O.P.No.313 of 2009 from the Family Court, Malappuram to the Family Court, Thiruvalla. The Judge, Family Court, Malappuram shall transmit the records of the above case without delay. The transferee court on receipt of the records shall give notice to the parties for appearance of the parties. Petition disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-