IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 Tr.P(C).No. 259 of 2009(S) -------------------------- OP.313/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONERS: ------------------------------- 1. SUNITHA RANI, D/O. RANI, KOTHANATTU HOUSE, ETTUMANOOR P.O., KOTTAYAM DIST. 2. DEVASENA (MINOR DAUGHTER), AGED 1 YEAR, REPRESENTED BY HER MOTHER SUNITHA RANI, KOTHANATTU HOUSE, ETTUMANOOR P.O., KOTTAYAM DIST. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): --------------- SREEKANTH S.NAIR, S/O.SATHYASEELAN NAIR, PADMAVILASOM HOUSE, KIZHAKKEPURAM, NORTH PARAVOOR, ERNAKULAM DISTRICT. ADV. SMT.K.GIRIJA FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.C.259/09 ORDER ON I.A.NO.2711 OF 2009 IN TR.P.C.NO.259 OF 2009 DISMISSED. 5.11.2009 SD/- SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.259 OF 2009 () ----------------------------------- Dated this the 5th day of November, 2009 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioners are the wife and daughter and the respondent, the husband. Petitioners have filed a petition for maintenance under Section 125 of the Code of Criminal procedure against the respondent husband, and, it is pending as M.C.No.187 of 2009. Meanwhile, the respondent husband has filed a petition for divorce as O.P.No.313 of 2009 before the Family court, Ernakulam. Wife seeks the transfer of the above petition filed by the husband from the Family Court, Ernakulam to the Family Court, Kottayam, where the petition filed by her with her child for maintenance is pending. 2. Notice given, the respondent has entered appearance. From the submissions made, it is seen that the respondent is TPC.259/09 2 now employed abroad. The facts disclose that the 1st petitioner wife has to look after a one year old child, the 2nd petitioner. Needless to point out, it may be difficult rather most inconvenient for the 1st petitioner, who is stated to be having permanent residence at Kottayam to go over to Ernakulam to defend the case launched against her by the husband in the Family Court at that station. In case, she is compelled to go over to that Family court, either she has to carry the 2nd petitioner also or leave it to the care of someone else in the family. That child, in view of the estrangement of the spouses, has already been deprived the love, care and affection of the father, and that being the case, if the mother is compelled to go over to a distant place, it will affect her physical wellbeing. Taking that also into consideration, I direct for transfer of O.P.No.313 of 2009 on the file of the Family Court, Ernakulam to the Family Court, Kottayam. The learned counsel for the respondent/husband submitted that direction/order be issued for personal exemption of the respondent before the transferee court since he is at present employed at abroad. It is open to the TPC.259/09 3 respondent to move an application before the transferee Family Court, after receipt of the records, and, if any such application is filed for exemption, having regard to his employment, the court shall consider and pass appropriate orders. 3. The Judge, Family Court, Ernakulam is directed to transfer the records of O.P.No.313 of 2009 to the Family Court, Kottayam without delay. The transferee court, on receipt of the records, shall give notice to the parties for appearance. Subject to the above directions, the transfer petition is disposed. S.S.SATHEESACHANDRAN JUDGE prp