IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Tr.P(C).No. 165 of 2009 --------------------------------- OP.NO.453/2009 OF FAMILY COURT,KOZHIKODE. .................... PETITIONER/RESPONDENT: ---------------------------------------- K.SELVI, D/O.KARTHIKEYAN, 'JASS VILLA', PONNETH SOUTH ROAD, CHILAVANNOOR, KOCHI – 20. BY ADVS. MR.PHILIP T.VARGHESE, MR.THOMAS T.VARGHESE. RESPONDENT/ PETITIONER: ----------------------------------------- K.VEERASWAMI, S/O.KUPPUSWAMY, 'SREELAKSHMI', CHERAMPARAMBU, MALAMPUZHA DAM P.O. PALAKKAD, PRESENTLY RESIDING AT CALICUT ELECTRONICS WEIGHING BRIDGE, BYEPASS ROAD, MEENCHANDA, KOZHIKODE. BY ADV. MR.ZAKEER HUSSAIN, SMT.K.A.SANJEETHA. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.165 of 2009 --------------------------------- Dated this the 30th day of June, 2009 O R D E R This transfer petition is filed under Section 24 CPC. Petitioner is the wife and respondent, the husband. The husband has filed a petition for dissolution of marriage and it is pending on the file of the Family Court, Kozhikode. The wife has filed this petition seeking transfer of the above case, numbered as O.P.453/2009 on the file of the Family Court, Kozhikode, to the Family Court, Ernakulam. 2. Notice being issued, respondent/husband has entered appearance. I heard the counsel on both sides. 3. From the submissions made and also the facts and circumstances presented, I find that transfer of O.P.No.453/2009 from the Family Court, Kozhikode to the Family Court, Ernakulam is essential to safeguard the interest of justice. Wife is now looking after a 12 year aged girl born out of their wedlock. She is permanently residing at Ernakulam. In addition to attending the needs of her child she has to look after her aged mother also, 2 is her case. She submits that she will be put to great difficulty and hardship if she has to attend the Family Court at Kozhikode, for which, at least 5 hours journey time from Ernakulam is required. Petitioner in the above O.P, husband, is employed at present at Kozhikode. In the facts and circumstances, if the proceedings are continued at the Family Court, Kozhikode, it is evident that the wife would be put to severe hardship and irreparable injury. Having regard to the facts and circumstances presented, the transfer of O.P.453/2009 from the Family Court, Kozhikode to Family Court, Ernakulam is ordered. Family Court, Kozhikode shall transmit the records of O.P.453/2009 to the Family Court, Ernakulam without delay. Transfer petition allowed. Send a copy of the order to both the Family Courts, forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-