IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Tr.P(C).No. 284 of 2009() ------------------------- OP.215/2009 of FAMILY COURT, PALAKKAD .................... PETITIONER/RESPONDENT: ----------------------------------------- DHANYA, D/O. SARASWATHY, VADAKKUMUKKING VEETTIL THRUTH DESOM CHENGAMANADU, ALUVA, ERNAKULAM. BY ADV. SRI.SUBAL J.PAUL SMT.SHEEBA SUBAL RESPONDENT/PETITIONER: ------------------------- RAJESH, S/O. RAGHAVAN NAIR, RAJI NIVAS, PARUTHIPRA, OTTAPPALAM TALUK, PALAKKAD DIST. ADV. SRI.SANTHEEP ANKARATH FOR R1 SRI.V.C.MADHAVANKUTTY FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.284 of 2009 --------------------------------------- Dated this 10th day of August, 2010 ORDER This petition is to transfer O.P.No.215 of 2009 from Family Court, Palakkad to Family Court, Ernakulam. That is a petition filed by respondent/husband for restitution of conjugal rights. Petitioner/wife is a resident of Aluva while respondent belongs to Ottappalam in Palakkad district. According to the petitioner, respondent is working at Naval Base, Cochin. It is also stated that M.C.No.262 of 2009 and O.P.Nos.1442 and 1484 of 2009 filed by petitioner are pending in Family Court, Ernakulam. It is stated that petitioner has to travel a long distance from her place of residence to Palakkad and in the circumstance transfer is requested for. 2. It is not disputed that three proceedings initiated by petitioner against respondent are pending in Family Court, Ernakulam. In the circumstance, it is necessary that case pending in Family Court, Palakkad is also disposed of by Family Court, Ernakulam. Moreover, transfer of the case from Family Court, Palakkad to Family Court, Ernakulam will not in any way affect respondent since it is pointed out that he is working in Naval Base, Cochin. In the circumstance I am inclined to allow the petition. Tr.P.C.No.284 of 2009 : 2 : Resultantly this petition is allowed in the following lines: (i) O.S.No.215 of 2009 pending in Family Court, Palakkad is withdrawn from that court and made over to Family Court, Ernakulam. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to counsel on both sides as to date of appearance in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-