IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Tr.P(C).No. 167 of 2009() ------------------------- OP(HMA).291/2009 of FAMILY COURT, ALAPPUZHA .................... SUO MOTU PARTIES: --------------- 1. M.C.VIJAYA, MEMOOTTIL HOUSE, EAST OTHARA P.O., THIRUVALLA, PATHANAMTHITTA. 2. BINUKUMAR P.K., S/O.KUNJUPILLAI, POOTHAKKUZHITHAARA, ILLATHU MEPROM MURI, VENMONI P.O., CHENGANNUR, ALAPPUZHA. R1 BY ADV. MR.VIVEK VARGHESE.P.J. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - T.P.(C) No.167 of 2009(Suo Motu) - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3rd August, 2009 ORDER The above transfer petition was taken suo motu pursuant to a communication received from the first respondent highlighting the inconveniences and difficulties faced by her in defending the case O.P.(HMA)No.291 of 2009 on the file of the Family Court, Alappuzha, which was filed by her husband, the second respondent, seeking a decree of restitution of conjugal rights. The first respondent has a child aged nine months old born out of the wedlock with the second respondent and she is not possessed of any means to go over to the Family Court, Alappuzha, and, further, there is none else to attend the child are the circumstances canvassed by her for transferring the above case to Family Court, Thiruvalla. Communication sent by the first respondent was taken up and numbered as a Transfer Petition. Notices were ordered to both the respondents through the Family Court, Alappuzha. It is reported by the Judge of the Family Court notices had been served on both the respondents, but none of them has entered appearance. 2. Having regard to the submission made by the first respondent in her communication sent to this court on which the TPC(Suo Motu)No.167/09 - 2 - above transfer petition was registered suo motu, which remain uncontroverted with the second respondent remaining absent and taking note that the first respondent has to attend a child aged nine months old, I find no reason to disbelieve her case that she will be put to severe hardship if compelled to go over to Family Court, Alappuzha to defend the case O.P.(HMA)No.291/09 filed by the second respondent, her husband, for restitution of conjugal rights. The above case is ordered to be transferred to the Family Court, Thiruvalla as requested for by the first respondent-wife. The Judge, Family Court, Alappuzha shall transmit the records of the case to the transferee court without delay. The transferee court on receipt of the records shall issue notice to the parties for appearance. Transfer Petition is disposed as above. srd S.S. SATHEESACHANDRAN, JUDGE