IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Tr.P(C).No. 98 of 2009() ------------------------------------ OP.67/2009 of FAMILY COURT, MALAPPURAM .................... PETITIONER (S): -------------------- NESSY.P.,D/O. LATE KRISHNANKUTTY, AGED 30 YEARS, 'KRISHNA',CHELAVOOR.P.O., CHELAVOOR AMSOM DESOM, KOZHIKODE TALUK. BY ADVS.MR.A.ANTONY SMT.LEELAMMA ANTONY RESPONDENT(S): ------------------------- K.RENJITH,S/O. VASUDEVAN, AGED 35 YEARS, KARUMATHIL HOUSE, THRIPPAKODE.P.O., THRIPPAKODE AMSOM,KAIMALASSERRY DESOM, MALAPPURAM DIST. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.98 OF 2009 -------------------------- Dated this the 7th day of October 2009 ------------------------------------- ORDER Petition filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife, and respondent the husband. Wife seeks transfer of O.P No.67 of 2009 on the file of the Family Court, Malappuram filed by the husband seeking a decree of divorce. She is permanently settled at Kozhikode is canvassed for transfer of the above O.P to the Family Court at that station. 2. Notice was ordered to the respondent/husband. Petitioner was also directed to serve notice on the counsel appearing for the husband in the O.P which is sought to be transferred. Memo has been filed evidencing service on the counsel as ordered. I am satisfied that due service has been effected on the husband. He has not entered appearance. Tr.P.(C).No.98 OF 2009 Page numbers 3. I heard the counsel for the petitioner. Having elected to remain absent, it appears, the husband practically concedes that he has no objection to the request for transfer made by the wife. Learned counsel for the petitioner submits that the wife has to attend a 1 ½ year old infant, the child born out of the wedlock of the spouses. Needless to point out the infant is already deprived of the love, care and affection of the father by the estrangement of the spouses. In case the infant is deprived of the love and care of the mother if she is compelled to go over to a distant place to defend the case launched by her husband, naturally it will affect the well being and growth of that child. Taking that also in consideration, I find that the request for transfer deserves to be allowed. So much so, allowing the petition, I direct the Judge, Family Court, Malappuram to transfer O.P No.172/2009 to the Tr.P.(C).No.98 OF 2009 Page numbers Family Court, Kozhikode without delay. Transferee court on receipt of the records shall give notice to the parties for appearance. Petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv