IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Tr.P(C).No. 279 of 2009() ------------------------- OP.608/2009 of FAMILY COURT,KOZHIKODE .................... PETITIONER/RESPONDENT IN O.P.: ------------------------------------------------- SUNITHA.P.GEORGE,D/O.GEORGE, RESIDING AT PUTHUPARAMBIL HOUSE,P.O.PARIYARAPURAM, VIA ANGADIPURAM,PARINTHALMANNA,MALAPPURAM DIST. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S)/PETITIONER IN O.P. --------------------------------- SHINU MATHEW,S/O.MATHEW,RESIDING AT PUNJATHARAPPAL HOUSE,P.O.KOODARANJI, KOZHIKODE DISTRICT. ADV. SRI.A.RANJITH NARAYANAN FOR R1 SRI.S.K.SAJU FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.2879/2009 IN TR.P.(C).279/2009 DISMISSED. 16.11.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.279 OF 2009 () ----------------------------------- Dated this the 16th day of November, 2009 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and respondent, the husband. Petitioner seeks transfer of O.P.No.608 of 2009 on the file of the Family Court, Kozhikode to the Family Court, Malappuram. Husband has filed the above petition seeking a decree of divorce. Petitioner is permanently settled at Perinthalmanna in Malappuram District and she has to look after a five year old child borne out of the wedlock with the respondent husband, is canvassed for transfer of the petition as prayed for. 2. Notice given, husband has entered appearance. Having regard to the submissions made and taking note of the facts and circumstances presented, I am satisfied that a transfer of the petition from the Family Court, Kozhikode to the Family Court, Malappuram, as prayed for by the wife is essential to advance the ends of justice. The distance to TPC.279/09 2 Family Court, Kozhikode, where the petition is now pending, is stated to be 75 kms away from the place of residence of the petitioner wife. Further, she has to look after a five year old child who has already been deprived of the love, care and affection from his father in view of the estrangement of the spouses. If the mother is compelled to go over to a Family Court situate at a distant place to defend the prosecution launched by her husband, naturally she will have to take the child with her or leave it under the care of some other person in her family. Whatever way she may follow, needless to point out, it may affect the wellbeing of the child. Taking that also into consideration, I order for transfer of O.P.No.608 of 2009 from the Family Court, Kozhikode to Family Court, Malappuram. The Judge, Family Court, Kozhikode shall transmit the records of O.P.No.608 of 2009 to the Family Court, Malappuram without delay, and the transferee court, on receipt of records, shall give notice to the parties for appearance. Petition is disposed accordingly. S.S.SATHEESACHANDRAN JUDGE prp TPC.279/09 3