High Court Kerala High Court

Shiny vs Mahesh on 2 November, 2009

Kerala High Court
Shiny vs Mahesh on 2 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 254 of 2009()


1. SHINY, D/O.SHANMUGHAN,
                      ...  Petitioner

                        Vs



1. MAHESH, S/O.RAVINDRANATH,
                       ...       Respondent

                For Petitioner  :SRI.K.N.PADMAKUMAR

                For Respondent  :SRI.K.M.JAMALUDHEEN

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

 Dated :02/11/2009

 O R D E R
                    S.S.SATHEESACHANDRAN, J.
                   -----------------------------------
                       Tr.P.C.No.254 of 2009
                    ---------------------------------
             Dated this the 2nd day of November, 2009

                               O R D E R

Petition is for transfer filed under Section 24 of the Code of

Civil Procedure. Petitioner is the wife and respondent, the

husband. Wife seeks transfer of O.P.No.650 of 2009 pending on

the file of the Family Court, Kozhikode which was filed by the

husband seeking dissolution of marriage. She has filed two

petitions, one for return of ornaments and valuables and, the

other seeking maintenance for her and also the child born out of

the wedlock of the parties. The above petitions are numbered as

O.P.No.1060 of 2009 & M.C.No.249 of 2009, both of them on the

file to the Family Court, Thrissur. Leaving behind the infant who

is aged seven months she is unable to go over to the Family

Court, Kozhikode, is the main reason canvassed by the wife apart

from her financial instability in conducting the case at a far off

and distant Family Court.

2. Notice being given the respondent has entered

appearance through counsel. I heard the counsel on both sides.

Tr.P.C.No.254 of 2009

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3. The application is opposed. Husband has filed the

application first in point of time and just before filing the transfer

petition wife had moved her applications, is the submission of the

learned counsel for the husband contending that her applications

had been filed only for the purpose of facilitating the transfer

requested for. Whatever that be, on the facts presented, it is

seen, the wife has to look after a seven month old child. In view

of the estrangement of the spouses needless to point out the

child has been deprived of love, care and attention of its father,

the respondent, husband. In case the wife is compelled to go

over to Family Court, Kozhikode, where the husband has filed the

petition, either she has to carry the infant with her or leave it

under the care of some one else in the family. Whatever be the

situation emanating therefrom it will have disastrous impact on

the growth and wellbeing of the infant. So much so, I find the

request for transfer deserves sympathetic consideration.

O.P.No.650 of 2009 on the file of the Family Court, Kozhikode is

ordered to be transferred to Family Court, Thrissur where two

petitions filed by the wife are pending. The Judge, Family Court,

Tr.P.C.No.254 of 2009

3

Kozhikode shall transmit the records of the above above without

delay. Transferee court on receipt of the records shall issue

notice to the parties for their appearance.

S.S.SATHEESACHANDRAN,
JUDGE.

bkn/-