IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 334 of 2009()
1. C.K.SREESHA,D/O.KUMARAN,
... Petitioner
Vs
1. SUJITH.M.K.,S/O.JAYACHANDRAN,
... Respondent
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent :SRI.C.K.PAVITHRAN
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :17/12/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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Tr.P.C.No.334 of 2009
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Dated this the 17th day of December, 2009
O R D E R
Petitioner is for transfer filed under Section 24 of the CPC.
Petitioner is the wife and respondent the husband. Wife has filed
a petition for maintenance for herself and minor child and that
petition numbered as M.C.No.485 of 2009 is pending on the file
of the Family Court, Kannur. Husband has filed a petition for
divorce as O.P.No.1596 of 2009 and that petition is pending
before the Family Court, Ernakulam. Wife seeks transfer of the
petition filed by the husband to the Family Court, Kannur.
2. Notice given, respondent/husband has entered
appearance. A counter is filed opposing the application. A
medical certificate is also produced to substantiate the objection
raised that the petitioner suffers from mental illness.
3. I heard the counsel on both sides.
4. From the submissions made and the facts and
circumstances presented, I find that, a child born out of the
wedlock, a boy aged 7 years, is now under the custody and care
Tr.P.C.No.334 of 2009
2
of the mother. That child is already deprived of the love, care
and affection of the father in view of the estrangement of the
spouses. If the mother/wife is compelled to go over to
Ernakulam, naturally, she has to take the child too to that place
whenever she attends the Family Court or leave him unattended.
Whatever the course be followed it will have disastrous effect on
the wellbeing of the child, both mentally and physically. Concern
for the child should also be taken into consideration by the court
while considering merit of a transfer petition moved by one or
other party in a matrimonial proceedings. In the given facts of
the case, I find that the request for transfer made by the wife
deserve to be considered sympathetically. Where the husband
contends that he suffers from mental illness it is the case of the
wife that he is a drunkard and he is having problems from
excessive drinking of liquor. Whatever that be, I am not
expressing any opinion on the merit of the rival contentions
canvassed by the parties which has to be considered in the
proceedings pending before the Family Court. Considering the
mental illness canvassed by the husband, there will be a direction
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3
to the Family Court, Kannur, to consider this case in its camp
sitting at Thalassery after the conciliation process to be followed
in the proceedings are over. If practicable, the Judge, Family
Court, shall also conduct the proceedings of the maintenance
case also in the camp sitting at Thalassery. Subject to the above
observations/directions, O.P.No.1596 of 2009 is ordered to be
transferred from Family Court, Ernakulam to the Family Court,
Kannur. The Judge, Family Court, Ernakulam is directed to
transmit the records of O.P.No.1596 of 2009 to the Family
Court, Kannur. The transferee court on receipt of the records
shall issue notice to the parties for their appearance.
Transfer petition is disposed of as above.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-