IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Tr.P(C).No. 307 of 2008() ------------------------- OP.965/2008 of FAMILY COURT,KOLLAM .................... PETITIONER/RESPONDENT: ------------------------------------------- SHEENA, D/O. KAMALUDEEN, AGED 31 YEARS, RESIDING AT D -17, A BLOCK, NEW CASTLE TOWERS, AMBALAMUKKU, PEROORKADA, P.O., THIRUVANANTHAPURAM. BY ADV. MR.M.SREEKUMAR RESPONDENT(S): PETITIONER: ------------------------------------------------ MOHAMMED RAFEEK, S/O. MOHAMMED BASHEER, AGED 38 YEARS, VAROLL HOUSE, BEACH ROAD, KOLLAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.307 OF 2008 -------------------------- Dated this the 10th day of August 2009 ------------------------------------- O R D E R Petition is for transfer filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and respondent, the husband. Wife has filed a petition as O.P No.1391 of 2008 before the Family Court, Nedumangadu seeking return of her ornaments and valuables from the husband. Husband has filed another petition as O.P No.965 of 2008 before the Family Court, Kollam seeking restitution of conjugal rights. Wife has filed a petition seeking transfer of O.P No.965 of 2008 from the Family Court Kollam to the Family Court Nedumangadu. Tr.P.(C).No.307 OF 2009 Page numbers 2. Notice was ordered to the respondents, but after service he has not entered appearance. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find transfer of O.P No. 965 of 2008 from the Family Court, Kollam to the Family Court, Nedumangadu where the petition filed by the wife is pending will be necessary to advance the ends of justice. Husband having elected to remain absent practically concedes that he has no objection to the transfer. It has also been brought to my notice that the spouses have two children aged 8 and 6 years, both now under the care of their mother, the wife. Taking that circumstance also into consideration, I find her request for transfer deserves to be viewed sympathetically. So much so, I order for transfer of O.P No.965/2008 from the Tr.P.(C).No.307 OF 2009 Page numbers Family Court, Kollam to the Family Court, Nedumangadu. The Judge, Family Court, Kollam shall transmit the records of the above case to Family Court, Nedumangadu without delay. Family Court, Nedumangadu on receipt of the records shall give notice to the parties for appearance. Petition is disposed as directed above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv