IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Tr.P(C).No. 275 of 2009() ------------------------- OP.867/2009 of FAMILY COURT,THRISSUR .................... PETITIONER/RESPONDENT: ----------------------------------------- ASHA ROSHNI, AGED 30 YEARS, D/O.SUKUMARAN, SREE SAI, KOTEKANI, KASARGOD POST, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S)/PETITIONER: ------------------------- G.UMASHANKER, AGED 38 YEARS, S/O.DR.GANGHADHARAN, UDAYAM MAIN ROAD, WAADAKKANCHERY, THRISSUR DISTRICT. ADV. SRI.T.M.CHANDRAN FOR R SRI.P.R.NEELAKANDAN NAMBOODIRI FOR R THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.2804/2008 IN Tr.P.(C).No.275/2009 DISMISSED. 6.1.2010 S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.275 OF 2009 () ----------------------------------- Dated this the 6th day of January, 2010 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and the respondent, the husband. The respondent/husband has filed a petition as O.P.No.867 of 2009 on the file of the Family Court, Thrissur for restitution of conjugal rights. Petitioner/wife seeks transfer of that petition to the Family Court, Kasaragod. 2. Notice given, the respondent/husband has entered appearance. He has filed objection opposing the request for transfer. I heard the counsel on both sides. Previously, the wife had moved another petition to transfer the petition filed by the husband claiming custody of the two minor children born out of their wedlock. That petition filed under the Guardians and Wards Act was also pending before the Family Court, Thrissur. Vide Annexure 2 order, the transfer petition TPC.275/09 2 moved by the wife was allowed ordering transfer of the petition for declaring the father as the guardian to the Family court, Kasaragod. Admittedly, the two minor children are now residing at Kasaragod and attending the School. That circumstance was also taken note of while passing Annexure 2 order allowing the transfer of petition filed by the wife. At the time of hearing, the learned counsel for the husband submitted that on a previous occasion, when he attended the Family Court at Kasaragod, there was an attempt at the instance of the father of the wife to abuse and manhandle him. The court officials then had to seek police assistance to prevent any untoward incident. So much so, the husband, according to the counsel, entertains a genuine apprehension as to threat and intimidation from the father and other relatives of the wife. Though the learned counsel appearing for the wife disputed the submissions made as above, I find that the apprehension expressed by the respondent/husband also deserve to be taken note of while considering the request for transfer made by the wife. It is submitted that the Family Court, Kasaragod is having a camp sitting at Hosdurg as well. TPC.275/09 3 The respondent/husband is now permanently settled at Thrissur. Once the conciliation proceedings are over as mandated by rules, the Judge, Family Court, Kasaragod shall consider the feasibility of recording evidence in both the cases, the present case for restitution of conjugal rights and the other proceedings relating to guardianship and custody of the children at the camp sitting of that court at Hosdurg. Subject to the above observations, the transfer requested by the wife is allowed ordering for transfer of O.P.No.867 of 2009 to the Family Court, Kasaragod. The Judge, Family Court, Thrissur shall transmit the records in the above O.P. to the Family Court, Kasaragod. The transferee court, on receipt of records, shall give notice to the parties for appearance. Transfer petition is accordingly disposed. S.S.SATHEESACHANDRAN JUDGE prp