IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Tr.P(C).No. 213 of 2009() ------------------------- TRANSFER OF OP.736/2009 of FAMILY COURT,ERNAKULAM TO FAMILY COURT, KOTTARAKKARA. .................... PETITIONER -------------------- RETHY, AGED 33 YEARS,D/O.GOPALAKRISHNAN, KUTTIYIL TEKKEPURAYIL,AMBALTHUMBHAGAM (P.O.), PORUVAZHY VILLAGE,KUNNATHUR TALUK,KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: --------------- SANTHOSH, S/O.BHASKARAN,THOPPILAVILAYIL, PERINGANADU (P.O.),ADOOR (VIA), PATHANAMTHITTA,NOW RESIDING AT "C/O SASIKUMAR, ASHIANA,464/2525A,FREEDOM ROAD,KALOOR-17" THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No.213 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 5th October, 2009 ORDER Petition for transfer is filed under Section 24 of the C.P.C. Petitioner is the wife and the respondent, the husband. Matrimonial disputes between the spouses have given rise to several proceedings, both civil and criminal, and they are pending before different courts. Wife has filed a petition for claiming maintenance for herself and the only child born out of the wedlock, under Section 125 of the Cr.P.C. and it is pending before the Family Court, Kottarakkara. She has also filed another petition, O.P.No.460 of 2009 for return of the valuables and gold ornaments, against the husband. A complaint filed by the wife is also pending before the Judicial First Class Magistrate Court, Sasthamcotta. The husband has filed a petition for divorce and that petition numbered as O.P.No.736 of 2009 is pending on the file of the Family Court, Ernakulam. Wife seeks transfer of the above petition, O.P.No.736 of 2009 from the Family Court, Ernakulam to the Family Court, Kottarakkara where the two petitions filed by her are pending. 2. Notice on the petition was ordered to the respondent. Tr.P.C.No.213/09 - 2 - Petitioner was also directed to serve copy on the counsel appearing for the respondent in the court below. Notice issued was returned, but, a memo evidencing service on the counsel, as directed, has been produced. I am satisfied of due service on the respondent/husband. 3. I heard the counsel for the petitioner. Having regard to the submissions made and the facts and circumstances presented, I find the request for transfer made by the wife deserve to be allowed. The husband having elected to remain absent after being served with notice on his counsel, it appears, practically concedes that he has no objection to the transfer applied for. It is also seen from the submissions made by the counsel for the petitioner that the only child born out of the wedlock, a girl, aged 10 years, is under her care and custody and also attending school. The child, in view of the estrangement of the spouses, needless to point out, has been deprived of love, care and affection of the father. If the wife is compelled to go over to Ernakulam to defend the prosecution launched by the husband, naturally, the child has to be left unattended or under the care of someone else. In that event, it is likely to cause mental and physical suffering and agony to that child. Taking into consideration those aspects as well, I order for transfer of Tr.P.C.No.213/09 - 3 - O.P.No.736 of 2009 on the file of the Family Court, Ernakulam to the Family Court, Kottarakkara. The Judge, Family Court, Ernakulam is directed to transfer the records in the above O.P. without delay. The transferee court, on receipt of records, shall give notice to the parties for appearance. Transfer Petition is disposed as indicated above. srd S.S. SATHEESACHANDRAN, JUDGE