IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Tr.P(C).No. 226 of 2009 ------------------------- OP.29/2009 of FAMILY COURT, KALPETTA .................... PETITIONER(RESPONDENT IN THE FAMILY COURT): -------------------------------------------------------------- DEEPA.B, AGED 23 YEARS, POTTAYIL HOUSE, KAMALA NIVAS, KARNGAD, VADAKANCHERY P.O., PALAKKAD. BY ADV. MR.SURIN GEORGE IPE RESPONDENT/ (PETITIONER BEFORE THE FAMILY COURT): --------------------------------------------------- P.N.JIJITH, AGED 36 YEARS, PULIKUNNEL HOUSE, KENICHIRA AMSOM, BATHERY TALUK, WAYANAD. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 226 of 2009 ORDER ON I.A.NO.2185/2008 IN TR.P.C.NO.226/2009 DISMISSED. 13.10.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE. // TRUE COPY // P.A. TO JUDGE. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.226 of 2009 --------------------------------- Dated this the 13th day of October, 2009 O R D E R Petition is for transfer filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and respondent, the husband. Husband has filed a petition as O.P.No.29 of 2009 before the Family Court, Kalpetta for restitution of conjugal rights. Wife permanently residing at Vadakkancherry in Palakkad seeks transfer of the above petition from the Family Court, Kalpetta to the Family Court, Palakkad. 2. Notice of the application was ordered to the respondent. Petitioner was also directed to serve notice on the counsel appearing for the respondent and to file a memo. After complying with such direction a memo has been produced evidencing receipt of notice by the counsel appearing for the respondent before the court below. Even after receipt of such notice respondent remains absent. 3. I heard the counsel for the petitioner. 4. Having elected to remain absent, it appears, the husband has no objection to the request for transfer made by the wife. When a transfer is requested for by the wife, normally, in the Tr.P.C.No.226 of 2009 2 absence of exceptional circumstances, it requires to be considered sympathetically. From the submissions made, it appears, she had a feeding child requiring her constant attendance. The child is stated to be aged two years which, needless to say, require the love, care and attention of the mother. That child is already deprived of love, care and attention of the father in view of the estrangement of the spouses. If the wife is compelled to go over to a far off place to defend the case launched against her by the husband, either she has to carry her child with her or leave it to the care of some other persons. In both cases, it may have disastrous consequences to the growth and wellbeing of the child. Taking all these into consideration, I find the request of the wife for transfer has to be allowed. The Judge, Family Court, Kalpetta is directed to transfer the records of O.P.No.29 of 2009 to the Family court, Palakkad without delay. The transferee court on receipt of the records shall give notice to the parties for appearance. Petition allowed. Send a copy of the order to the Family Courts concerned. S.S.SATHEESACHANDRAN, JUDGE. bkn/-