IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Tr.P(C).No. 288 of 2009() ------------------------- OP.828/2009 of FAMILY COURT, MALAPPURAM .................... PETITIONER/RESPONDENT: ----------------------------------------- SUSMITHA, AGED 31 YEARS, D/O.SIDHARTHAN, THERUVATH HOUSE, THRIPPUNITHURA, ERNAKULAM. PRESENT ADDRESS: C/O.SYAMALAKUMARI, KALLUVALAPPIL HOUSE (AK HOUSE), D.P.O.ROAD, UP HILL P.O., MALAPPURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S)/PETITIONER: ------------------------- AJU.V.S., AGED 32 YEARS, S/O.SANKARANKUTTY, VATTAPARAMBIL HOUSE, CHERUVATHERI, PALISSERI VILLAGE, CHEVOOR P.O., TSR TALUK, TSR. PRESENT ADDRESS: APARTMENT NO.16, POOVALLUR APARTMENTS, NAYA BAZAR, CALICUT AIRPORT- POST, KARIPUR, KONDOTTY, MALAPPURAM DISTRICT. ADV. SRI.P.G.SURESH SRI.C.V.MANUVILSAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.2952/09 IN TR.P.(C).288/09 DISMISSED. 8.12.2009 S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.288 OF 2009 () ----------------------------------- Dated this the 8th day of December, 2009 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and the respondent, the husband. Matrimonial disputes between them have given rise to two proceedings in two different Family Courts. Wife has filed a petition as O.P.No.790 of 2009 before the Family Court, Malappuram for return of gold ornaments, valuables etc. from the husband and his father. Husband has filed another petition as O.P.No.828 of 2009 before the Family Court, Thrissur. Wife seeks transfer of the petition filed by the husband (O.P.No.828 of 2009) to the Family Court, Malappuram, where her petition (O.P.No.790 of 2009) is pending. 2. Notice given, the respondent/husband has entered appearance. I heard the counsel on both sides. It is reported that the husband is at present residing at Kozhikode. His permanent residence is stated to be at Thrissur is the reason Tr.P.(C).288/09 2 stated for filing the petition for divorce at that place. Whatever that be, having regard to the fact that the husband is now employed at Karipur Airport within the Malappuam District, I find no hardship or injury will be caused to him if the petition for divorce filed by him (O.P.No.828 of 2009) is transferred from the Family Court, Thrissur to the Family Court, Malappuram, where another petition filed by the wife is pending for adjudication. In a matrimonial proceedings, needless to point out, the hardship and injury likely to be suffered by the wife will be given more weightage in considering the question of transfer. The request of the wife for transfer of the petition filed by the husband, in the facts and circumstances of the case, has to be granted. Ordered accordingly. I direct the learned Judge, Family Court, Thrissur to transfer the records of O.P.No.828 of 2009 to the Family Court, Malappuram. The transferee court, on receipt of the records, shall give notice to the parties for appearance. Transfer petition is accordingly disposed. S.S.SATHEESACHANDRAN JUDGE prp