IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 Tr.P(C).No. 397 of 2010() ------------------------- OP.833/2010 of FAMILY COURT, THIRUVALLA .................... PETITIONER ------------------ RIJI GEEVARGHESE, W/O. JOBIN GEORGE, CHENNATHU HOUSE, KANNANAKUZHI MURI, THAMARAKULAM VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PRESENTLY WORKING AT AKAL COLLEGE OF NURSING, KALIGIDHAR TRUST, BARUSAHIB, RAJGARH DISTRICT, SIRMOUR-173 001, HIMACHAL PRADESH BY ADVS. SRI.GEORGE VARGHESE (PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.V.SUNIL KUMAR (PANACHAMOODU) SRI.H.JAWHAR RESPONDENT -------------------- JOBIN GEORGE, S/O. T.M.GEORGE, THUNDATHIL PEEDIKAYIL, NJETTOOR P.O., KULANADA, PATHANAMTHITTA DISTRICT-689 503, PRESENTLY AT HOUSE NO.874/10, H.B.COLONY, FARIDABAD-121 006, HARIYANA. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 397 of 2010() ---------------------------------- APPENDIX ---------------- ANNEXURE A1. COPY OF THE PETITION IN OP NO.576 OF 2010 OF THE FAMILY COURT, ALAPPUZHA. ANNEXURE A2. COPY OF THE PETITION IN OP NO.833/2010 OF THE FAMILY COURT, THIRUVALLA. ANNEXURE A3. COPY OF THE NOTICE DATED 23.09.2010 IN OP NO.833/2010 OF THE FAMILY COURT, THIRUVALLA. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.BHAVADASAN, J. ------------------------------------- Tr.P(C) No.397 of 2010 ------------------------------------- Dated this the 14th day of March 2011 Judgment The petitioner seeks transfer of OP No.833/10 pending before the Family Court, Thiruvalla to be taken up and disposed of along with OP No.576/10 pending before the Family Court Alappuzha, the camp sitting of which court is held at Mavelikkara. 2. The marriage between the petitioner and the respondent was solemnized on 27.07.2009. Various contentions are raised in the petition, which are not relevant for the disposal of the petition. Suffice to say that the petitioner was mentally and physically assaulted by the respondent and that had driven her to file OP No.576/01 before the Family Court Alappuzha, seeking divorce which is pending. In the meanwhile, the respondent filed OP No.833/10 before the Family Court, Thiruvalla for restitution of conjugal rights. The petitioner points out that Tr.PC 397/10 2 presently she is working at Akal College of Nursing, Sirmour in Himachal Pradesh and therefore, she is represented by her Power-of-Attorney, who is none other than her mother, before the Family Courts, Alappuzha and Thiruvalla. Since her mother is of advanced age, she finds it difficult to travel between Alappuzha and Thiruvalla for attending the cases. Therefore, it is prayed that both the cases may be tried at one place. The petitioner prefers the cases to be tried before the Family Court, Alappuzha where the petition filed by her is pending. 3. Though notice was taken up to the respondent, there is no appearance on his behalf. In the facts and circumstances of the case as disclosed in the petition, it is felt that it will be just and proper that the prayer in the petition is allowed. Accordingly, there will be a direction that OP NO.833/10 which is pending before the Family Court, Thiruvalla be tried along with OP No.576/10 Tr.PC 397/10 3 pending before the Family Court, Alappuzha, the camp sitting of which is held at Mavelikkara. The Tr.P.C. is allowed as above. P.Bhavadasan, Judge sta Tr.PC 397/10 4