IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Tr.P(C).No. 328 of 2008() ------------------------- OP.1356/2008 of FAMILY COURT,THRISSUR .................... PETITIONER: --------------------- ANITHA, AGED 34 YEARS, W/O. DAVID, RESIDING A KALANGARA HOUSE, OCHANTHURUTH P.O.,ERNAKULAM. BY ADV. MR.BIJU M.JOHN RESPONDENT(S): ---------------------------- DAVID, S/O.XAVIER, AGED 37 YEARS, ELANJICKAL, EDAVILANGU VILLAGE, KARA ,KODUNAGALLUR. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No.328 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 22nd July, 2009 ORDER This is a petition filed under Section 24 of the C.P.C. Petitioner is the wife and the respondent, her husband. Wife has filed this petition seeking transfer of O.P.No.1356/08 filed by the husband before the Family Court, Thrissur seeking a decree of restitution of conjugal rights. She is permanently settled at Ernakulam, has to attend three children, with the eldest aged 5 years and the youngest, an infant, six months old, and has also filed an application under Section 125 of the Cr.P.C. seeking maintenance for her and also the three minor children from the husband imputing his neglect to maintain them and alleging her lack of means for sustenance in life are the grounds set forth to seek the transfer sought for in the petition. 2. Notice was given to the respondent-husband, but, after service, he has not entered appearance. 3. I heard the learned counsel for the petitioner-wife. From the submissions made and the facts and circumstances presented, I find the cause pleaded by the wife for transfer of the O.P. filed by the husband pending before the Family Court, Thrissur to the Family Tr.P.C.No.328/08 - 2 - Court, Ernakulam deserve consideration. An estranged wife looking after three minor children, one among them an infant aged six months, needless to say, will not be in a position to travel to a distant place to defend herself in a matrimonial proceedings initiated by her husband. The interest of the children also deserve to be taken note of in appreciating the transfer sought by the wife, their mother. In the circumstances, I direct for transfer of O.P.No.1356/08 from the Family Court, Thrissur to the Family Court, Ernakulam where M.C.No.346/08 filed by the wife is pending. Judge, Family Court, Thrissur shall transmit the records of the above case without delay. Transfer Petition is disposed as above. srd S.S. SATHEESACHANDRAN, JUDGE