IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Tr.P(C).No. 341 of 2009() ------------------------- OPDIV.13/2006 of FAMILY COURT, THODUPUZHA .................... PETITIONER/RESPONDENT NO.1: --------------------------------------------------- MERLY, W/O. SAJI, KOLLAPARAMBIL HOUSE, COMBAMETTU P.O., IDUKKI, NOW RESIDING AT KOLLAPARAMBIL HOUSE, KOORALI P.O., KANJIRAPPALLY. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): PETITIONER: ----------------------------------------------- SAJI K.JOSEPH, S/O. JOSEPH, AGED 36 YEARS, KADALIKKATTIL HOUSE, PERUMTHOTTY P.O., VATHIKUDY VILLAGE, IDUKKI DISTRICT. BY ADVS. SRI.BIJIMON C.CHERIAN, SMT.P.P.STELLA. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------- T.P.C No.341 of 2009 -------------------------- Dated this the 9th April, 2010 O R D E R This is a petition filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P (Div) No.13/2006 pending before the Family Court, Thodupuzha to the Family Court, Ettumanoor. 2. The marriage between the petitioner and respondent was solemnised on 25.4.2005. Differences of opinion were arose between them and they decided to live separately. It is stated that respondent had filed O.P. No.27/2007 before the Family Court, Thodupuzha for realisation of an amount of Rs.6,95,000/- as damages caused to him. That O.P. was transferred to the Family Court, Ettumanoor and renumbered as O.P. No.801/2009. Petitioner has filed objection to that petition. 3. It is pointed out that respondent had earlier filed O.P. (Div) No.13/2006 before the Family Court, Thodupuzha with claim for compensation also. Later, the relief regarding compensation was withdrawn. An ex parte decree of divorce was passed in O.P. No.13/2006 on 13.12.2006 and T.P.C No.341 of 2009 2 petitioner filed a petition for setting aside the ex parte decree along with the delay condonation petition. The petition for setting aside the ex parte decree is numbered as I.A No.23/2009. 4. It is pointed out that petitioner had filed O.P No.234/2009 before the Family Court, Ettumanoor for restoration of conjugal rights and the same is pending before the court below. Petitioner has also filed M.C No.70/2009 before the Family Court, Ettumanoor for maintenance. Petitioner says that both cases are pending. 5. The petitioner makes mention of earlier Tr.P.C No.84/2009 seeking transfer of O.P. No.27/2007 of Family Court Thodupuzha to Family Court Ettumanoor and interim applications in O.P. (Div) No.13/2006 of the same Court to Family Court, Ettumanoor. The respondent had filed Tr.P.C No.139/09 for transferring the case pending before the Family Court, Ettumanoor to Family Court, Thodupuzha. This Court, after considering the relevant facts allowed Tr.P.C No.84/2009 partly and transferred O.P. No.27/07 pending before the Family Court, Thodupuzha to Family Court, Ettumanoor. T.P.C No.341 of 2009 3 6. While disposing of the petition, it is also observed that in case petitioner was successful in getting the ex parte decree is set aside, she will have the right to move transfer of O.P. (Div) No.13/2006 to the Family Court, Ettumanoor. Copy of the said order is produced as Annexure 1. It is pointed out now that ex parte decree against her in O.P(Div.) No.13/2006 has been set aside by the Family Court, Thodpuzha by order dated 9.10.2006. Copy of the order is produced as Annexure 2. 7. Petitioner has therefore approached this Court seeking transfer of O.P. No.13/2006 pending before the Family Court, Thodupuzha to Family Court, Ettumanoor. 8. Respondent very vehemently opposed the application. It is pointed out that if there is no bona fides in the claim made by the petitioner and her attempt is to protract the case and cause injury to the respondent. It is pointed out that if there was any bona fides in the claim made by the petitioner since she has not taken any steps in the other cases pending before Family Court, Ettumanoor. According to the respondent, there is no bona fides. T.P.C No.341 of 2009 4 9. Petitioner has pointed out that there is considerable inconvenience for her in attending case at Thoudpuzha. This Court had on earlier occasion transferred O.P. No.27/2007 pending before the Family Court, Thodupuzha to Family Court, Ettumanoor. It says that the petitioner might not have moved for stay in some other proceedings. That cannot be taken as a ground to reject her prayer. It is not necessary to further go into the details and it is only just and proper to allow the petition. In the result, petition is allowed. O.P. (Div) No.13/2006 pending before the Family Court, Thodupuzba shall stand transferred to Family Court, Ettumanoor for trial and dispose along with other petitions, within four months from the date of re-opening of the courts after summer vacation. Parties shall appear before the Family Court, Ettumanoor on or before 17.5.2010. P.BHAVADASAN, JUDGE ma T.P.C No.341 of 2009 5 T.P.C No.341 of 2009 6