IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Tr.P(C).No. 54 of 2010 ------------------------------- (O.P.NO.455/2009 OF FAMILY COURT, ALAPPUZHA) .................... PETITIONER: ------------------- DR. G. SHANTHAKUMARI, AGED 75 YEARS, D/O. LATE VALAVAKKOTTU GOURIKUTTY AMMA, TRIVENI (H), ULLLOOR TEMPLE ROAD, THIRUVANANTHAPURAM. BY ADVS. SMT.LEKHA SURESH, MR.ASHOK SURESH. RESPONDENT: ---------------------- DR. P.N.BHASKARAN, AGED 78 YEARS, S/O. LATE PATTUKULANGARA NEELAKANDA PILLAI, UPASANA(H), VADAYATUKOTTA, KOLLAM-1. BY ADV. MR.B.SURESH KUMAR. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= T.P.C. No. 54 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 18th day of March, 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. No.455 of 2009 pending before the Family Court, Alappuzha to the Family Court, Thiruvananthapuram. 2. Marriage between the petitioner and the respondent was solemnized on 4-2-1953. It is unnecessary to go into the various other matters, as they are irrelevant for the present purpose. O.P. (HMA) No.152 of 1998 was filed before the Sub Court, Mavelikara under section 13(b) of the Hindu Marriage Act for dissolution of their marriage on mutual consent. That was dismissed. Thereafter, O.P. No.455 of 2009 was filed by the respondent before the Family Court, Alappuzha. 3. According to the petitioner, she is residing at Thiruvananthapuram and she finds it difficult to attend the posting of the case at Alappuzha. She, therefore, prays for a direction to transfer the petition to the Family Court, Thiruvananthapuram. 4. This petition is strongly opposed by the learned TPC 54/2010 2 counsel appearing for the respondents, stating that there is no justification for seeking a transfer of the petition. 5. However, considering the facts stated in the petition, it is felt that it is only just and reasonable that the case is transferred to Family Court, Thiruvananthapuram for disposal. 6. The petitioner has given reasons to seek transfer of the case. The statements are not found to be untrue. In the interest of justice, it is only just and proper that relief be granted to the petitioner. 7. In the result, this petition is allowed and O.P. No. 455 of 2009 pending before the Family Court, Alappuzha is transferred to the Family Court, Thiruvananthapuram. The parties shall appear before the court on 19-4- 2010. P.BHAVADASAN, JUDGE. mn.