IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Tr.P(C).No. 160 of 2010() ------------------------------ OP(HMA).283/2010 of FAMILY COURT, THIRUVALLA .................... PETITIONER --------------- K.K.GREESHMA, AGED 24 YEARS, D/O. KURIAKOSE, KANIYAMPARAMBIL HOUSE, KELAKOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADVS. SRI.C.P.PEETHAMBARAN SRI.B.R.VIJAYABABU RESPONDENT(S): -------------------- BELRAJ, S/O. VIJAYARAJAN NAIR, AGED 29 YEARS, OTTAPLAVUNIKUNNATHIL, MALLASSEERY P.O., PRAMADAM PANCHAYATH, -DO- VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.G.UNNIKRISHNAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.BHAVADASAN, J. ------------------------------------- Tr.P(C) No.160 of 2010 ------------------------------------- Dated this the 23rd day of March 2011 Judgment The limited prayer in this petition under Section 24 CPC is for a direction to transfer OP (HMA) No.283/10 from Family Court, Thiruvalla (camp sitting at Pathanamthitta) to Family Court, Kannur. 2. The petitioner has instituted OP No.258/10 before the Family Court, Kannur for a declaration that the petitioner is not a legally wedded wife of the respondent and for other consequential reliefs. Various allegations raised in the OP are mentioned in the petition, which are not very relevant for the present purpose. Suffice to say that the respondent seems to have filed OP NO.283/10 before the Family Court, Thiruvalla (camp sitting at Pathanamthitta) for restitution of conjugal rights. According to the petitioner, the respondent has filed the OP only to harass her. She says that she has to travel TPC 160/10 2 about 400 kms to attend the cases on the posting dates at Family Court, Thiruvalla. In the light of the inconvenience pointed out by her, it is prayed that OP NO.283/10 pending before the Family Court, Thiruvalla may be directed to be transferred to Family Court, Kannur where the OP filed by her is pending. 3. The respondent entered appearance and submitted that if this court is inclined to transfer the case to Family Court, Kannur, his presence may not be insisted on all posting dates in the Family Court, Kannur. 4. Considering the nature of the averments in the petition and also the facts and circumstances of the case, it is felt that it is only just and proper that the petition be allowed. In the result, this petition is allowed. The Family Court, Thiruvalla (camp sitting at Pathanamthitta) is directed to transfer OP NO.283/10 filed by the respondent to Family Court, Kannur where OP No.258/10 filed by the petitioner is pending, as expeditiously as possible. The TPC 160/10 3 respondent in this petition will be at liberty to approach the Family Court, Kannur and seek exemption from appearance, which that court may consider and decide. The Tr.P.(C) is disposed of as above. P.Bhavadasan, Judge sta TPC 160/10 4