IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Tr.P(C).No. 41 of 2010() ---------------------------------- OP.7/2010 of FAMILY COURT, KASARAGOD .................... PETITIONER: -------------------- C. BINDU, AGED 32 YEARS, D/O.BALAN, RESIDING AT CHATHOTH HOUSE, NEAR AILWAY, VELLAMCHIARA, P.O.ANCHAMPEEDIKA, KANNUR TALUK AND DISTRICT. BY ADV. MR.M.V.AMARESAN RESPONDENT(S): ------------------------- A.G. SATHEESH KUMAR, S/O.LATE GOVINDAN, RESIDING AT AALAYIL PADIJARE VEEDU, PAVAL, POST KADUMENI, CHITTARICKAL VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.BHAVADASAN, J. ------------------------------------- Tr.P(C) No.41 of 2010 ------------------------------------- Dated 3rd March 2010 Order This is a petition filed under S.24 CPC, seeking transfer of OP No.7/10, pending before the Family Court, Kasaragod to Family Court, Kannur. 2. The petitioner is the respondent in OP No.7/10 pending before the Family Court, Kasaragod, instituted by her husband for restitution of conjugal rights. The petitioner says that the Family Court, Kasaragod is far away from the place of her residence and she finds it difficult to attend the Court on the posting dates. So, she prays that the case may be transferred to Family Court, Kannur so that it will be convenient for her to attend the Court. 3. Though notice was served on the respondent, he has chosen not to enter appearance. TRPC 41/10 2 4. The marriage between the petitioner and the respondent was solemnized on 30.10.1996. It appears that difference of opinion arose between the couple and they started living separately. It is seen that a complaint has been filed by the petitioner, based on which a crime has been registered. Though there was an attempt for settlement, that did not materialise. It is pointed out that the petitioner has filed MC No.181/09 before the Family Court, Kannur, which is now pending consideration. It is stated that the petitioner has no means of income and she finds it difficult to go to Kasaragod to attend the Court for contesting the case filed by her husband. Therefore, she prays for a direction to transfer the OP filed by her husband before the Family Court, Kasaragod to the Family Court, Kannur. 5. Since the respondent has chosen not to oppose the prayer of the petitioner, I feel that the reliefs prayed for can be granted. Accordingly, the Tr.PC. is TRPC 41/10 3 allowed and OP No.7/10 pending before the Family Court, Kasaragod shall stand transferred to the Family Court, Kannur. P.BHAVADASAN, JUDGE sta TRPC 41/10 4