IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 123 of 2009()
1. MANJU.R,W/O.SUDHEESH,MANAKKAPILLETH
... Petitioner
Vs
1. SUDHEESH,S/O.RAVEENDRAN PILLAI,PATTETTU
... Respondent
For Petitioner :SRI.DILIP MOHAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :19/08/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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Tr.P.(C).Nos. 123 AND 124 OF 2009
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Dated this the 19th day of August 2009
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O R D E R
These two petitions are for transfer filed
under Section 24 of the Code of Civil Procedure.
Common petitioner in these petitions is the wife
and common respondent, the husband. Matrimonial
disputes between the spouses have given rise to
five proceedings, three of them pending before the
Family Court, Thiruvalla at the instance of the
wife and the other two before the Family Court,
Ernakulam at the instance of the husband. Wife now
seeks transfer of the two petitions filed by the
husband pending before the Family Court, Ernakulam
to the Family Court, Thiruvalla where the petitions
filed by her are pending for adjudication. Wife
seeks transfer of O.P 281 /2009, for declaration of
Tr.P.(C).Nos. 123 Page numbers
AND 124 OF 2009
the marriage as null and void, and O.P No.282/2009
a suit for damages, both filed by the husband, and
as already stated pending before the Family Court,
Ernakulam.
2. Notice of the petitions was ordered to
the respondent / husband. Though notice was
served, he has not entered appearance. I heard the
counsel for the petitioner. Wife has filed three
petitions, O.P 196/09, seeking dissolution of
marriage, M.C 66/09 a proceeding under Section 125
of the Code of Criminal Procedure and O.P 218/09
for seeking a decree for return of ornaments and
valuables from the husband, and all of them are
pending before the Family Court, Thiruvalla.
Pursuant to receiving notice in those proceedings
and entering appearance before the Family Court,
Thiruvalla, it is submitted, the husband has filed
two petitions referred to above before the Family
Tr.P.(C).Nos. 123 Page numbers
AND 124 OF 2009
Court, Ernakulam. The inconvenience and
difficulties of the wife to go over to Family
Court, Ernakulam which is situate far away from her
residence and her lack of means even to meet the
conveyance charges are highlighted by the counsel
for transfer of the above two O.Ps filed by the
husband to the Family Court, Thiruvalla where three
other petitions filed by the wife are pending
adjudication. The husband after receiving notice
having elected to remain absent, it appears,
practically concedes that he has no objection to
the transfer. Further more in considering
comparative hardship of the parties with respect to
questions involved in transfer of the proceedings
needless to point out the case of the wife deserves
more consideration where the petition sought for
transfer has been filed by the husband. It is
shown that the petitioner is residing within the
jurisdiction of Family Court, Thiruvalla, away from
Tr.P.(C).Nos. 123 Page numbers
AND 124 OF 2009
the Family Court, Ernakulam. In these
circumstances, I find, transfer of O.P 281/09 and
282/09 filed by the husband from the Family Court,
Ernakulam to the Family Court, Thiruvalla is
essential, and it is ordered accordingly. Judge,
Family Court, Ernakulam is directed to transfer the
records of the above cases to the Family Court,
Thiruvalla without delay. Transferee court, Family
Court, Thiruvalla, on receipt of the records, shall
give notice to the parties for appearance.
Sd/-
S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//
P.A TO JUDGE
vdv