IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Tr.P(C).No. 262 of 2008() ------------------------- OP.166/2008 AND OP.135/2008 of FAMILY COURT, THODUPUZHA .................... PETITIONER: -------------------- ANU @ MARIAMMA, W/O.K.RAGHUNATH, AGED 39 YEARS, THALODIYIL VEEDU, SULTHAN KADAI, PANIPUPARA P.O., IDUKKI, KUMILY. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): --------------- K.RAGHUPATHY @ THOMAS, S/O.KRISHNAN, AGED 45 YEARS, QUALITY ASSURANCE OFFICER BY OCCUPATION, TEXTILES COMMITTEE, MINISTRY OF TEXTILES, GOVT. OF INDIA, II FLOOR, PLATINUM CENTRE, BANK ROAD, KANNUR. ADV. SRI.C.K.VIDYASAGAR FOR R1 SRI.P.CHANDY JOSEPH FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.2310 OF 2008 IN TR.P.(C).NO.262 OF 2008. DISMISSED. 22.9.2009 SD/- SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.262 OF 2008 () ----------------------------------- Dated this the 22nd day of September, 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 respondent, the husband. Matrimonial disputes between the spouses have given rise to three proceedings, one at the instance of the wife, and the other two by the husband. Wife has filed a petition claiming maintenance for herself and two children born out of the wedlock, and that petition numbered as M.C.No.104 of 2008 is pending before the Family court, Kannur. Husband has filed two petitions, one as O.P.No.135 of 2008 for dissolution of the marriage and the other O.P.No.166 of 2008 for recovery of possession of a house form the wife, both petitions were pending before the Family Court, Thodupuzha. Wife seeks transfer of the two petitions field by the husband from the Family Court, Thodupuzha to the Family TPC.262/08 2 Court, Kannur, where the petition filed by her for maintenance is pending. 2. Notice of the application was given. Respondent has entered appearance through the counsel. I heard the counsel on both sides. The husband is now employed as a Quality Assurance Officer in the Textile Committee office at Kannur, and so much so, no inconvenience will be caused to the husband by transfer of the case to the Family Court, Kannur as requested for by the wife, is the submission of her counsel. Having regard to the fact that one of the petitions filed by the husband is for recovery of possession of a building situated within the jurisdiction of Thodupuzha Court, I find it is not proper and appropriate to transfer that case to the Family Court, Kannur without justifiable cause. The materials to be collected including a commission report, if need be, in respect of that case persuade me to hold that that case should continue in the Family Court, Thodupuzha. So far as the petition for divorce, O.P.No.135 of 2008 filed by the husband, it is only in the fitness of things, that proceedings be TPC.262/08 3 transfered to Family Court, Kannur. As the husband is stated to be employed in Kannur, the transfer is unlikely to cause him any hardship or injury. So much so, the petition is allowed in part directing the Judge, Family Court, Thodupuzha to transfer O.P.No.135 of 2008 to the Family Court, Kannur. The request for transfer of O.P.No.166 of 2008 from the Family Court, Thodupuzha is declined. The transferee court, on receipt of the records in O.P.No.135 of 2008 from the Family Court, Thodupuzha shall give notice to the parties for appearance. S.S.SATHEESACHANDRAN JUDGE prp