IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Tr.P(C).No. 201 of 2009() ----------------------------------- OP(HMA).1830/2004 of FAMILY COURT,TRIVANDRUM .................... PETITIONER (S) --------------------------- ANJANA DEVI,D/O.SASIDHARAN NAIR, 'HAMANA',L.V.COLONY,NEAR WATER TANK, INDUSTRIAL ESTATE,PUDUPARIYARAM,PALAKKAD. BY ADVS.MR.NAGARAJ NARAYANAN MR.SAIJO HASSAN RESPONDENT(S): ----------------------- C.S.MURALEEDHARAN,S/O.SREEDHARAN, CHANGALIKUZHIYIL HOUSE,KORUTHODE (P.O), MUNDAKAYAM,KOTTAYAM,WORKING AS ASSISTANT COMMANDANT,KERALA ARMED POLICE, IVTH BATTALION,MANGATTUPARAMBU,KANNUR. ADV. MR.SERGI JOSEPH THOMAS THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.201 OF 2009 -------------------------- Dated this the 14th day of October 2009 ------------------------------------- ORDER Petition is for transfer filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife, and respondent the husband. Wife seeks transfer of O.P(HMA) No.1830 of 2004 on the file of the Family Court, Thiruvananthapuram, filed by the husband seeking a decree of dissolution of the marriage. She is permanently settled at Palakkad and the only child born out of the wedlock of the spouses is now attending studies in 8th standard at the above place is canvassed for seeking transfer of the petition from the Family Court, Palakkad to the Family Court, Thiruvananthapuram. 2. Notice given, the respondent/husband has entered appearance through counsel and filed a counter affidavit opposing the application. Tr.P.(C).No.201 OF 2009 Page numbers Petition for transfer was filed as early in 2004 in which previously an exparte decree was granted but that was later set aside by the application of the respondent and the evidence in the case has been partly recorded are highlighted by the respondent to contend that transfer of the petition at this stage will work out grave injustice to him. 3. I heard the counsel on both sides. Spouses separated nearly a decade ago. The child born out of the wedlock, a girl, is with the mother and she is now studying in the 8th standard in a school at Palakkad. It is submitted that, she has been continuing in the same school for the last several years. Needless to point out that the child who has reached adolescent age has been deprived of company, love, care and affection of the father. If the mother is compelled to go over to a far of place, Family Court, Thiruvananthapuram, to defend the prosecution launched against her by the husband, naturally, the Tr.P.(C).No.201 OF 2009 Page numbers child has to be left unattended or left under the care of some other person. Having regard to the fact that the child is a girl and now studying in 8th standard, I find her interest has also to be taken into account in considering the merit of the transfer canvassed by her mother. The husband, it is submitted, is now working in Lakhdeevs. Previously he had filed a petition for divorce in the Family Court, Palakkad and that application, according to the learned counsel for the wife, was dismissed. It is disputed by the other side, contending, it was withdrawn as settled. Whatever that be the husband was previously employed in Palakkad and had also prosecuted a petition for divorce indicate that no hardship or injury will be caused to him in making necessary arrangements, if a transfer is made for prosecution of his present petition, to that place. Since he is out of station he can also move an application before the Family Court for seeking exemption from personal appearance except under circumstances his presence Tr.P.(C).No.201 OF 2009 Page numbers is found necessary. I direct the Judge, Family Court, to consider, such application, if any, moved taking note that he is employed in a far of place. Considering the facts and circumstances involved I order for transfer of O.P No.1830/2004 from the Family Court, Thiruvananthapuram to the Family Court, Palakkad. The Judge, Family Court, Thiruvananthapuram is directed to transmit the records of the above case to the Family Court, Palakkad without delay. The transferee court on receipt of the records shall give notice to both parties for their appearance. The Judge, Family Court, Palakkad shall give top priority for disposal of the case taking note that evidence of case is partly recorded. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv