SITHARA Vs. RAJESH

JUDGEMENT

(1.) The petition for transfer is filed under S.24 of the CPC. Petitioner is the wife and the respondent is the husband. Wife seeks transfer of OP No. 1422 of 2008 on the file of the Family Court, Ernakulam filed by the husband for dissolution of the marriage. She seeks transfer of the above OP to Family Court, Kannur where a claim for maintenance filed by her as MC No. 471 of 2008 is pending consideration.

(2.) Notice being given, the respondent has appeared. I heard the learned counsel for the petitioner and the respondent, party inperson. Learned counsel for the petitioner submits that petitioner is employed as an Ayurvedic doctor at Thalassery and she has to look after a three year old child born out of the wedlock with the respondent. Her father suffers from heart ailments and there is none to assist her to go over to Ernakulam to defend the proceedings launched against her before the Family Court by the husband. Resisting the application, the respondent contended that the transfer requested for is not allowable. Since he is employed at Ernakulam, it is highly difficult and inconvenient for him to go over to Kannur and prosecute the case if it is transferred to the Family Court at that place. There is no serious inconvenience for the wife in continuing the proceedings at the Family Court, Ernakulam is the submission of the respondent. Having regard to the facts and circumstances presented and the submissions made, I find, the interest of the three year old child who is under the custody of the wife, the mother, also deserve to be taken note of in determining the question whether transfer requested for is allowable or not. In view of the matrimonial dispute between the husband and wife, needless to point out, the child is deprived of the care, love and affection of the father, the respondent. If the mother is compelled to go over to Family Court, Ernakulam where the husband has filed the petition for dissolution of the marriage, necessarily and inevitably, the mother has to take the child with her, or leave it unattended and then proceed to the above Family Court. Whatever be the situation, the child would be put to serious inconvenience. That is also a circumstance to be taken note of in examining the request made by the wife for transfer. Wife has also filed another petition for maintenance and that is pending before the Family Court, Kannur. Taking into consideration all those aspects, I order the transfer of OP No. 1422 of 2008 from the Family Court, Ernakulam to the Family Court, Kannur. The Judge, Family Court, Ernakulam is directed to send the records to the Family Court, Kannur without delay. Family Court, Kannur on receipt of the records shall give notice to the parties for appearance.

(3.) Transfer Petition is disposed as above.