IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Tr.P(C).No. 145 of 2009() ---------------------------------- O.P. (HMA) NO.291/2009 of FAMILY COURT, ALAPPUZHA .................... PETITIONER ------------------ VIJAYA. M.C., D/O.M.C.CHATHAN, AGED 32, MAMOOTTIL HOUSE, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. BY ADV. MR.R.GIREESH VARMA RESPONDENT(S): ----------------------- 1. BINUKUMAR.P.K., S/O.KUNJUPPILLA, AGED 33, POOTHAKUZHIYITHARAYIL HOUSE, VENMONEY P.O., CHENGANNUR TALUK. 2. KUNJUPILLAI, AGED 65, POOTHAKUZHIYITHARAYIL HOUSE, VENMONEY P.O., CHENGANNUR TALUK. 3. ANIL KUMAR, S/O.KUNJUPILLA, AGED 35, POOTHAKUZHIYITHARAYIL HOUSE, VENMONEY P.O., CHENGANNUR TALUK. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.145 of 2009 --------------------------------- Dated this the 31st day of July, 2009 O R D E R This petition for transfer is filed under Section 24 CPC. Wife is the petitioner and respondent, the husband. Wife seeks transfer of O.P.No.291/2009 filed by the husband pending on the file of the Family court, Alappuzha to the Family Court, Thrissur where another petitioner filed by her is pending as O.s.No.265/2009. Husband has filed the petition for restitution of conjugal rights, and the wife for return of ornaments and valuables. 2. Notice was ordered to the respondent, but, he has not entered appearance. I heard the counsel for the wife. 3. Having regard to the submissions made and the facts and circumstances presented, I find the request for transfer made by the wife deserve consideration. Spouses have a child aged one year and that child is, admittedly, under the care and custody of the wife, the mother. When that be so, interest of the child is also to be looked into, when a request for transfer is Tr.P.C.No.145 of 2009 2 made. I find no reason to doubt the case of the wife making the request for transfer which remains uncontroverted. I direct for transfer of O.P.No.291/2009 from the Family Court, Alappuzha to the Family Court, Thrissur. The Judge, Family Court, Alappuzha is directed to transmit the records of the above case to the transferee court without delay. Transferee court on receipt of the records shall issue notice to both parties for their appearance. Petition allowed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-