The court allowed a transfer petition under Section 24 CPC to move the respondent's restitution of conjugal rights case from Kozhikode to Kannur, prioritizing the minor child's welfare as the petitioner cares for the child there.
Transfer of O.P. No.961/2008 from Family Court, Kozhikode to Family Court, Kannur.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN
FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931
Tr.P(C).No. 17 of 2009 ------------------------------O.S. NO.961/2008 OF FAMILY COURT,KOZHIKODE. ....................
PETITIONER/RESPONDENT:
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OTHAYOTH SUHITHA, D/O. KUNHAPPA NAIR, AGED 30 YEARS, OLAVILAM AMSOM DESOM, TRIKANAPURAM, THALASSERY THALUK.
BY ADV. MR.SUNIL NAIR PALAKKAT.
RESPONDENT:
----------------------
V.M. RAJENDRAN, S/O. AMMALUAMM, 37YEARS, VARIKODI CHEETHAL HOUSE, PONMERI AMSOM PARAMBIL DESAM, VADAKARA TALUK, KOZHIKODE.
BY
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
S.S.SATHEESACHANDRAN, J.
Tr.P.C.No.17 of 2009
Dated this the 24th day of July, 2009
O R D E R
Petition for transfer is filed under Section 24 CPC. Petitioner is the wife, and respondent, the husband. Husband has filed a petition seeking restitution of conjugal rights as O.P.No.961/2008 before the Family Court, Kozhikode. The wife has filed a petition seeking maintenance under Section 125 Cr.P.C as M.C.No.548/2008 before the Family Court, Kannur. Wife seeks the transfer of O.P.No.961/2008 from the Family Court, Kozhikkode to Family Court, Kannur.
Tr.P.C.No.17 of 2009
2
the only child, born out of their wedlock, aged 5 years. The interest of the minor child has also to be taken into consideration in ordering the transfer of the O.P. filed by the husband from Family Court, Kozhikode. Pendency of that proceeding before that court will compel the mother to leave the child unattended. If that be permitted it may have severe psychological impact on the child and may also affect his growth and well being. so much so, I order for the transfer of O.P.No.961/2008 from the Family Court, Kozhikode to the Family Court, Kannur. The Judge, Family Court, Kozhikode is directed to transmit the records of the above case to the transferee court without delay.
The transfer petition is allowed.
S.S.SATHEESACHANDRAN, JUDGE.
bkn/-
1 issue framed by the court
Whether the maintenance petition filed by the husband can be transferred to another family court for the convenience of the child.
Othayoth Suhitha
V.M. Rajendran
S.S.Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
