IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Tr.P(C).No. 103 of 2011 TO TRANSFER OP.NO.996/2010 FROM THE FAMILY COURT, ERNAKULAM TO THE FAMILY COURT, KANNUR. TRANSFER PETITIONER: RESPONDENT: --------------------------------------- PRABHA SEKHAR, D/O.LATE CHANDRASEKHAR, PADINJARETHERMADOM, THALIPARAMBU, CHERAVAKKU P.O., KANNUR DISTRICT. BY ADV. SRI.M.M.SAIDU MUHAMMED RESPONDENT: PETITIONER ------------------------- P.V.ANEESH,S/O.VENUGOPALAKRISHNA WARRIER "KRISHAN NIVAS", IRINGOLE P.O., PERUMBAVOOR, PIN 683 548. ADV. DR.SEBASTIAN PAUL SRI.SUBAL J.PAUL SMT.SHEEBA THOMAS THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2011, ALONGWITH TPC.NO.104 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.811/2011 IN TR.P.C.NO.103 OF 2011 DISMISSED 10/06/2011 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). Nos.103 & 104 OF 2011 ------------------------------------------------------ Dated this the 10th day of June, 2011 O R D E R Tr.P.(C).No.103 of 2011 is filed seeking to transfer O.P.No.996 of 2010 (which was filed by the husband for restitution of conjugal rights) from the Family Court, Ernakulam to the Family Court, Kannur. Tr.P.(C) No.104 of 2011 is filed seeking to transfer O.P.(Divorce) No.1301 of 2010 (which was filed by the petitioner/wife for divorce) from the Family Court, Ernakulam to the Family Court, Kannur. Both these cases are pending. 2. It is submitted by the counsel appearing on either side that the parties have filed an application under Section 13B of the Hindu Marriage Act before the Family Court, Ernakulam, on 4.6.2011. In view of the subsequent events, it is submitted that these Transfer Petitions are not pressed now. The counsel for the petitioner submitted that if, by any chance, the application Tr.P.(C) NOS.103 AND 104 OF 2011 :: 2 :: under Section 13B of the Hindu Marriage Act is not allowed, the petitioner may be permitted to file fresh Transfer Petitions. Accordingly, the Transfer Petitions are dismissed as unnecessary, in view of the subsequent events. It is made clear that if, by any chance, the application filed by the parties under Section 13B of the Hindu Marriage Act is not allowed by the Family Court, the petitioner would be entitled to file fresh Transfer Petitions. (K.T.SANKARAN) Judge ahz/