IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 79 of 2009()
1. SHYLA.T.S.,AGED 38 YEARS,
... Petitioner
Vs
1. P.K.SANTHOSH KUMAR,AGED 43 YEARS,
... Respondent
For Petitioner :SRI.S.KRISHNAKUMAR
For Respondent :SRI.M.V.ANANDAN
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :24/06/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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Tr.P.C.No.79 of 2009
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Dated this the 24th day of June, 2009
O R D E R
This petition is filed under Section 24 CPC. Petitioner is the
wife and respondent the husband. Wife has filed two petitions,
O.P.No.1138/2008 and M.C.No.260/2008. The former for a
decree of divorce and latter for claiming maintenance, both
pending before the Family Court, Thrissur. The husband has filed
another petition as O.P.No.1493/2008 for restitution of conjugal
rights which too, is pending before the Family Court, Thrissur.
The husband has filed another petition as O.P.No.7/2009 before
the Family Court, Wayanad at Kalpetta alleging that a sum of Rs.
6 Lakhs is due to him from the wife. Wife has filed the present
petition seeking transfer of that petition namely, O.P.7/2009 filed
by the husband to the Family Court, Thrissur, where the other
petitions are pending for adjudication.
2. Notice on admission being given, husband as entered
appearance through counsel. I heard the counsel on both
sides.
Tr.P.C.No.79 of 2009
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3. The petition is opposed by the learned counsel for the
husband contending that the wife is at present employed as a
teacher in Kendriya Vidyalaya in Kalpetta. It is further submitted
that she is residing there with her two children born out of their
wedlock. So much so, argument of the learned counsel, it will be
convenient for her to have the proceedings in O.P.7/2009 in the
Family court, Wayanad at Kalpetta and there is no sufficient
ground for transfer of the case. Learned counsel for wife
submitted that her aged parents are residing in Thrissur and as
she being employed and, further, to attend the needs of the two
children, she requires the assistance of her parents to prosecute
and defend various proceedings pending before the Family Court.
The further case of the wife is that it will be difficult for her to
appear and defend herself in the Family Court, Wayanad at
Kalpetta having regard to the fact that she is employed as a
teacher in an educational institution at that place. At the time of
hearing, it was also brought to my notice that husband is having
permanent residence at Malappuram and he has no connection to
Kalpetta, other than the employment of his wife at that place.
Tr.P.C.No.79 of 2009
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The concern for the wife by the husband in instituting the present
O.P. at her working place is appreciable, but, the fact and
circumstances demonstrate that it is not to assist her but rather
to bring to the notice of the public of that place, where she is
employed as a teacher, that matrimonial proceedings are pending
against her before a court. Taking note that, previously
instituted three proceedings between the parties are pending
before the Family Court, Thrissur, it is only just and proper to
order transfer of O.P.7/2009 instituted by the husband also for
consideration by the Family Court, Thrissur, and it is ordered
accordingly. Family Court, Wayanad at Kalpetta is directed to
transmit the records of O.P.No.7/2009 to the Family Court,
Thrissur immediately on receipt of a copy of this order.
The petition allowed as above. Send a copy of the order to
the Family Court, Wayanad and also to Family Court, Thrissur.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-