IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 178 of 2009()
1. P.J. MINIMOL (ALEY)
... Petitioner
Vs
1. P.I. BENNICHAN (SCARIA),
... Respondent
2. ISSAC PERUMPALLIL,
3. MARIAMMA, W/O. ISSAC,
For Petitioner :SRI.GEORGEKUTTY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :11/08/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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Tr.P.(C).NO.178 OF 2009 ()
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Dated this the 11th day of August, 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 the respondents
are the husband and his parents. Matrimonial disputes
between the wife and the husband, petitioner and 1st
respondent, have given rise to three proceedings, one by the
husband and the other two by the wife. The husband has filed
O.P.(Divorce)No.1196 of 2008 before the Family Court,
Ettumanoor seeking dissolution of the marriage. Wife has
filed two petitions O.P.No.17 of 2009 for return of valuables
and ornaments against the husband and his parents and the
other M.C.No.5 of 2009 claiming maintenance under Section
125 of the Cr.P.C. for herself and also for the child born out of
their wedlock. Wife seeks transfer of O.P.(Divorce)No.1196 of
2008 from the Family Court, Ettumanoor to the Family Court,
Thodupuzha, where the petitions filed by her are pending.
TPC.178/09 2
2. Notice on the application was ordered to the
respondents. Though respondents have been served, they
have not entered appearance.
3. I heard the learned counsel for the petitioner wife. It
is submitted that the only child born out of their wedlock is
under her custody and the child aged ten years is attending a
school. Leaving behind the child unattended, she is unable to
go over to the Family Court, Ettumanoor, where O.P.(Divorce)
No.1196 of 2008 filed by the husband is pending, is the
submission of the learned counsel for the petitioner wife. It is
further submitted that it will be convenient and more
advantageous for the parties if O.P.(Divorce)No.1196 of 2008
is transferred to Family Court, Thodupuzha, where the other
two petitions filed by the wife are pending. The distance from
Chempakapara, the residence of the wife to Family Court,
Ettumanoor is 120 kms and sufficient conveyance is also not
available for her to reach that far of place is the further
submission of the counsel for the petitioner wife. Having
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regard to the submissions made and taking note of the facts
and circumstances presented, I find that the request for
transfer made by the wife deserves sympathetic consideration.
The respondents, having elected to remain absent, it appears,
have practically no serious objection for the transfer sought
for. More than the inconvenience and hardship of the parties,
the interest of the child is to be taken into account in deciding
the question of transfer, I find considerable force in the
submissions made that the mother, who is having the custody
of the child if compelled to go over to the Family Court,
Ettumanoor, situate a far of place, will find it difficult to make
arrangements to look after the child who is stated to be school
going. Taking into consideration all these aspects, I direct for
transfer of O.P.(Divorce)No.1196 of 2008 from the Family
Court, Ettumanoor to the Family Court, Thodupuzha. The
Judge, Family Court, Thodupuzha, on receipt of the records of
the case, shall consider the feasibility of having joint trial of
that case with O.P.No.17 of 2009, if there is no bar under law
to proceed so, so that the parties can lead evidence in
common. The Judge, Family Court, Ettumanoor shall transmit
TPC.178/09 4
the records of the O.P.(Divorce)No.1196 of 2008 to the Family
Court, Thodupuzha without delay. Petition is allowed.
S.S.SATHEESACHANDRAN
JUDGE
prp