IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Tr.P(C).No. 334 of 2009 ------------------------- OP.1596/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER: -------------- C.K.SREESHA,D/O.KUMARAN, AGED 34 YEARS,SREE NILAYAM,PANNIYANNUR P.O., PANOOR VIA,THALASSERY,KANNUR DISTRICT. BY ADV. MR.C.P.PEETHAMBARAN RESPONDENTS: --------------- SUJITH.M.K.,S/O.JAYACHANDRAN, AGED 39 YEARS,"ROHINI",S.N.NAIR LANE, PONOTH ROAD,KALOOR,KOCHI-17. ADV. MR.C.K.PAVITHRAN FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 334 of 2009 ORDER ON I.A.NO.3435/2009 IN TR.P.C.NO.334/2009 DISMISSED. 17.12.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE. // TRUE COPY // P.A TO JUDGE. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.334 of 2009 --------------------------------- Dated this the 17th day of December, 2009 O R D E R Petitioner is for transfer filed under Section 24 of the CPC. Petitioner is the wife and respondent the husband. Wife has filed a petition for maintenance for herself and minor child and that petition numbered as M.C.No.485 of 2009 is pending on the file of the Family Court, Kannur. Husband has filed a petition for divorce as O.P.No.1596 of 2009 and that petition is pending before the Family Court, Ernakulam. Wife seeks transfer of the petition filed by the husband to the Family Court, Kannur. 2. Notice given, respondent/husband has entered appearance. A counter is filed opposing the application. A medical certificate is also produced to substantiate the objection raised that the petitioner suffers from mental illness. 3. I heard the counsel on both sides. 4. From the submissions made and the facts and circumstances presented, I find that, a child born out of the wedlock, a boy aged 7 years, is now under the custody and care Tr.P.C.No.334 of 2009 2 of the mother. That child is already deprived of the love, care and affection of the father in view of the estrangement of the spouses. If the mother/wife is compelled to go over to Ernakulam, naturally, she has to take the child too to that place whenever she attends the Family Court or leave him unattended. Whatever the course be followed it will have disastrous effect on the wellbeing of the child, both mentally and physically. Concern for the child should also be taken into consideration by the court while considering merit of a transfer petition moved by one or other party in a matrimonial proceedings. In the given facts of the case, I find that the request for transfer made by the wife deserve to be considered sympathetically. Where the husband contends that he suffers from mental illness it is the case of the wife that he is a drunkard and he is having problems from excessive drinking of liquor. Whatever that be, I am not expressing any opinion on the merit of the rival contentions canvassed by the parties which has to be considered in the proceedings pending before the Family Court. Considering the mental illness canvassed by the husband, there will be a direction Tr.P.C.No.334 of 2009 3 to the Family Court, Kannur, to consider this case in its camp sitting at Thalassery after the conciliation process to be followed in the proceedings are over. If practicable, the Judge, Family Court, shall also conduct the proceedings of the maintenance case also in the camp sitting at Thalassery. Subject to the above observations/directions, O.P.No.1596 of 2009 is ordered to be transferred from Family Court, Ernakulam to the Family Court, Kannur. The Judge, Family Court, Ernakulam is directed to transmit the records of O.P.No.1596 of 2009 to the Family Court, Kannur. The transferee court on receipt of the records shall issue notice to the parties for their appearance. Transfer petition is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-