IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Tr.P(C).No. 57 of 2009() -------------------------------- OP.1394/2008 of FAMILY COURT, NEDUMANGAD, THIRUVANANTHAPURAM. .................... PETITIONER: ------------------ SATHYA, D/O.VIJAYAKUMAR, UMESWARY, PUTHENCOTTA, MANACAUD POST, THIRUVANANTHAPURAM. BY ADV. MR.K.L.NARASIMHAN MR.N.KRISHNA PRASAD RESPONDENT(S): ------------------------ RAJKUMAR, S/O.EASWARA PILLAI, SREELAKSHMI, ULIYOOR, PAZHAKUTTY, NEDUMANGAD. BY THIS TRANSFER PETITION (CIVIL) HAVING C OME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.57 OF 2009 -------------------------- Dated this the 29th day of July 2009 ------------------------------------- O R D E R Petition is filed for transfer under Section 24 of the Code of Civil Procedure. Petitioner is the wife and respondent the husband. Wife has filed a petition for dissolution of the marriage and that petition numbered as O.P 1307/2008 is pending before the Family Court, Thiruvananthapuram. The husband has filed a petition for seeking restitution of conjugal rights and that petition numbered as O.P 1394/2008 is pending before the Family Court, Nedumangad. Wife seeks transfer of the above petition to the Family Court, Thiruvananthapuram. Tr.P.(C).No.57 OF 2009 Page numbers 2. Notice of the application was given to the respondent. In addition petitioner was also directed to serve notice to the counsel appearing for the respondent in the court below. Service of such notice as directed has been effected. Satisfied that service is sufficient on the respondent / the husband and it is declared as such. 3. The husband has not entered appearance. I heard the counsel for the wife. Having regard to the facts and circumstances presented and submissions made, I am satisfied that transfer of the petition filed by the husband pending as O.P No. 1394/2008 on the file of the Family Court, Nedumangad to the Family Court, Thiruvananthapuram is essential to advance the ends of justice. The difficulties and inconvenience canvassed by the wife to seek her transfer appears to be true and correct and at any rate, they remain uncontroverted. Further more trial of both the Tr.P.(C).No.57 OF 2009 Page numbers cases by the same Family Court is more feasible and advantageous to the parties since if possible the two cases can be jointly tried providing opportunity to the parties to lead evidence in common. Conflicting decisions can be avoided which if the cases are separately tried cannot be ruled out. More than that, the loss of precious time of the court can also be avoided. Taking into consideration of all these, I direct the transfer of O.P 1394/2008 on the file of the Family Court, Nedumangad to the Family Court, Thiruvananthapuram. The Judge, Family Court, Nedumangad shall transmit the records of the above case without delay. The transferee court on receipt of the record shall give notice to the parties for appearance. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv