IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 262 of 2008()
1. ANU @ MARIAMMA, W/O.K.RAGHUNATH,
... Petitioner
Vs
1. K.RAGHUPATHY @ THOMAS, S/O.KRISHNAN,
... Respondent
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :SRI.C.K.VIDYASAGAR
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :22/09/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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Tr.P.(C).NO.262 OF 2008 ()
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Dated this the 22nd day of September, 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. Matrimonial disputes between the spouses have
given rise to three proceedings, one at the instance of the
wife, and the other two by the husband. Wife has filed a
petition claiming maintenance for herself and two children
born out of the wedlock, and that petition numbered as
M.C.No.104 of 2008 is pending before the Family court,
Kannur. Husband has filed two petitions, one as O.P.No.135
of 2008 for dissolution of the marriage and the other
O.P.No.166 of 2008 for recovery of possession of a house form
the wife, both petitions were pending before the Family Court,
Thodupuzha. Wife seeks transfer of the two petitions field by
the husband from the Family Court, Thodupuzha to the Family
TPC.262/08 2
Court, Kannur, where the petition filed by her for maintenance
is pending.
2. Notice of the application was given. Respondent has
entered appearance through the counsel. I heard the counsel
on both sides. The husband is now employed as a Quality
Assurance Officer in the Textile Committee office at Kannur,
and so much so, no inconvenience will be caused to the
husband by transfer of the case to the Family Court, Kannur
as requested for by the wife, is the submission of her counsel.
Having regard to the fact that one of the petitions filed by the
husband is for recovery of possession of a building situated
within the jurisdiction of Thodupuzha Court, I find it is not
proper and appropriate to transfer that case to the Family
Court, Kannur without justifiable cause. The materials to be
collected including a commission report, if need be, in respect
of that case persuade me to hold that that case should
continue in the Family Court, Thodupuzha. So far as the
petition for divorce, O.P.No.135 of 2008 filed by the husband,
it is only in the fitness of things, that proceedings be
TPC.262/08 3
transfered to Family Court, Kannur. As the husband is stated
to be employed in Kannur, the transfer is unlikely to cause him
any hardship or injury. So much so, the petition is allowed in
part directing the Judge, Family Court, Thodupuzha to
transfer O.P.No.135 of 2008 to the Family Court, Kannur. The
request for transfer of O.P.No.166 of 2008 from the Family
Court, Thodupuzha is declined. The transferee court, on
receipt of the records in O.P.No.135 of 2008 from the Family
Court, Thodupuzha shall give notice to the parties for
appearance.
S.S.SATHEESACHANDRAN
JUDGE
prp