IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 254 of 2009()
1. SHINY, D/O.SHANMUGHAN,
... Petitioner
Vs
1. MAHESH, S/O.RAVINDRANATH,
... Respondent
For Petitioner :SRI.K.N.PADMAKUMAR
For Respondent :SRI.K.M.JAMALUDHEEN
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :02/11/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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Tr.P.C.No.254 of 2009
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Dated this the 2nd day of November, 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 seeks transfer of O.P.No.650 of 2009 pending on
the file of the Family Court, Kozhikode which was filed by the
husband seeking dissolution of marriage. She has filed two
petitions, one for return of ornaments and valuables and, the
other seeking maintenance for her and also the child born out of
the wedlock of the parties. The above petitions are numbered as
O.P.No.1060 of 2009 & M.C.No.249 of 2009, both of them on the
file to the Family Court, Thrissur. Leaving behind the infant who
is aged seven months she is unable to go over to the Family
Court, Kozhikode, is the main reason canvassed by the wife apart
from her financial instability in conducting the case at a far off
and distant Family Court.
2. Notice being given the respondent has entered
appearance through counsel. I heard the counsel on both sides.
Tr.P.C.No.254 of 2009
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3. The application is opposed. Husband has filed the
application first in point of time and just before filing the transfer
petition wife had moved her applications, is the submission of the
learned counsel for the husband contending that her applications
had been filed only for the purpose of facilitating the transfer
requested for. Whatever that be, on the facts presented, it is
seen, the wife has to look after a seven month old child. In view
of the estrangement of the spouses needless to point out the
child has been deprived of love, care and attention of its father,
the respondent, husband. In case the wife is compelled to go
over to Family Court, Kozhikode, where the husband has filed the
petition, either she has to carry the infant with her or leave it
under the care of some one else in the family. Whatever be the
situation emanating therefrom it will have disastrous impact on
the growth and wellbeing of the infant. So much so, I find the
request for transfer deserves sympathetic consideration.
O.P.No.650 of 2009 on the file of the Family Court, Kozhikode is
ordered to be transferred to Family Court, Thrissur where two
petitions filed by the wife are pending. The Judge, Family Court,
Tr.P.C.No.254 of 2009
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Kozhikode shall transmit the records of the above above without
delay. Transferee court on receipt of the records shall issue
notice to the parties for their appearance.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-