K.Selvi vs K.Veeraswami on 30 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 165 of 2009()


1. K.SELVI, D/O.KARTHIKEYAN, 'JASS VILLA',
                      ...  Petitioner

                        Vs



1. K.VEERASWAMI, S/O.KUPPUSWAMY,
                       ...       Respondent

                For Petitioner  :SRI.PHILIP T.VARGHESE

                For Respondent  :SRI.ZAKEER HUSSAIN

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :30/06/2009

 O R D E R
                   S.S.SATHEESACHANDRAN, J.
                   -----------------------------------
                       Tr.P.C.No.165 of 2009
                   ---------------------------------
               Dated this the 30th day of June, 2009

                               O R D E R

This transfer petition is filed under Section 24 CPC.

Petitioner is the wife and respondent, the husband. The husband

has filed a petition for dissolution of marriage and it is pending on

the file of the Family Court, Kozhikode. The wife has filed this

petition seeking transfer of the above case, numbered as

O.P.453/2009 on the file of the Family Court, Kozhikode, to the

Family Court, Ernakulam.

2. Notice being issued, respondent/husband has entered

appearance. I heard the counsel on both sides.

3. From the submissions made and also the facts and

circumstances presented, I find that transfer of O.P.No.453/2009

from the Family Court, Kozhikode to the Family Court, Ernakulam

is essential to safeguard the interest of justice. Wife is now

looking after a 12 year aged girl born out of their wedlock. She

is permanently residing at Ernakulam. In addition to attending

the needs of her child she has to look after her aged mother also,

2

is her case. She submits that she will be put to great difficulty

and hardship if she has to attend the Family Court at Kozhikode,

for which, at least 5 hours journey time from Ernakulam is

required. Petitioner in the above O.P, husband, is employed at

present at Kozhikode. In the facts and circumstances, if the

proceedings are continued at the Family Court, Kozhikode, it is

evident that the wife would be put to severe hardship and

irreparable injury. Having regard to the facts and circumstances

presented, the transfer of O.P.453/2009 from the Family Court,

Kozhikode to Family Court, Ernakulam is ordered. Family Court,

Kozhikode shall transmit the records of O.P.453/2009 to the

Family Court, Ernakulam without delay.

Transfer petition allowed. Send a copy of the order to both

the Family Courts, forthwith.

S.S.SATHEESACHANDRAN,
JUDGE.

bkn/-