IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Tr.P(C).No. 83 of 2008() ------------------------ OP.519/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER/RESPONDENT IN O.P.NO.519/2007 --------------------------- SUMOL.V.K., W/O. F.S. ANTONY VANIYAPURACKAL HOUSE, MATHAIPPARA, UPPUTHARA VILLAGE, PEERMEDU TALUK, IDUKKI DISTRICT BY ADV. SRI.TITUS MANI RESPONDENTS: PETITIONER IN O.P.NO.519/2007 ------------- F.S. ANTONY "GOD GIFT" HOUSE NO. 153 JANAKEEYA NAGAR, PATTATHANAM, KOLLAM BY ADV. SRI.T.M.ABDUL LATHEEF SMT.MIJI JOHN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.1003 OF 2008 IN TR.P.(C) NO.83 OF 2008 DISMISSED 4.8.2008 SD/= (M.SASIDHARAN NAMBIAR, JUDGE.) //TRUE COPY// P.A. TO JUDGE. M.SASIDHARAN NAMBIAR, J. ------------------------------- Tr.P.(C) No.83 of 2008 ------------------------------- Dated this the 4th August, 2008. O R D E R Petitioner is the wife and respondent the husband. This petition is filed under Section 24 of Code of Civil Procedure to transfer O.P.No.519 of 2007 pending before Family Court, Ernakulam, to Family Court, Thodupuzha. O.P.No.519 of 2007 was filed by the respondent for restitution of conjugal rights. Petitioner filed M.C.No.84 of 2007 claiming maintenance and O.P.No.170 of 2007 claiming divorce and O.P.No.197 of 2007 claiming return of money and articles from the respondent. These petitions are pending before Family Court, Thodupuzha. 2. When notice was served on the respondent, it was submitted that parties would settle the dispute, if case is referred to Permanent Lok Adalath. This petition was therefore referred to High Court Permanent Lok Adalath. As other cases are pending before Family Court, Thodupuzha, the settlement could not be arrived at and the case was returned to this Court. Tr.P.(C) No.83 of 2008 2 3. Considering the fact that petitioner is residing at Peerumedu, which is within the jurisdiction of Family court, Thodupuzha, and three other cases between the parties are pending before Family Court, Thodupuzha, O.P.No.519 of 2007 pending before Family court, Ernakulam, is also to be tried by Family Court, Thodupuzha. The Transfer petition is allowed. O.P.No.519 of 2007 on the file of Family Court, Ernakulam, is withdrawn and transferred to Family Court, Thodupuzha, for disposal, in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE nj.