IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Tr.P(C).No. 23 of 2009() ------------------------ OP.1529/2008 of FAMILY COURT,THRISSUR .................... PETITIONER (S): -------------------- SWAPNA VARMA.P.R, AGED 29 YEARS, D/O. LATE P.K. RAMA VARMA, RESIDING AT 50/755, E-1, IST FLOOR, MANSI VIHAR, KOSSERI LANE, PONEKKARA ROAD, EDAPPALLY, ERNAKULAM DISTRICT, PIN - 682 024. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.J.R.PREM NAVAZ RESPONDENT(S): --------------- MANOJ NAMBIAR.K, AGED 35 YEARS, S/O. SATHYABHAMA, KUNDUVARA, PERINGAVU DESOM, CHEROOR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. ADV. SRI.P.K.SAJEEV FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.C.23/2009 ORDER IN IA NO.92 OF 2009 IN TR.O.P.NO.23 OF 2009 DISMISSED 18.3.2009 SD/- K.T.SANKARAN, JUDGE /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- Tr.P(C).No.23 of 2009 --------------------------------------------- Dated this the 18th day of March, 2009 ORDER The respondent filed O.P.No.1529 of 2008 before the Family Court, Thrissur against the petitioner for a declaration that the marriage between the petitioner and the respondent is null and void. The prayer in this Transfer Petition filed by the wife is to transfer the case from Family Court, Thrissur to the Family Court, Ernakulam. 2. The marriage was solemnised at Ernakulam. The petitioner wife belongs to Ernakulam. The respondent husband belongs to Thrissur. The petitioner was originally employed at Ernakulam. It is her case that she was made to resign by the respondent. Later, she got a job at Thrissur. She has lost that job now. She is now staying at Ernakulam and she does not have a job. Her father died about two years ago. She has to maintain her two younger sisters. If she is compelled to appear before the Family court, Thrissur, the petitioner says that she would be put to great hardship. The respondent opposed the application. He TPC No.23 /2009 2 contended that there is no ground of transfer. In fact, the petitioner has a case that the Family Court, Thrissur has no jurisdiction to try the case. For deciding the Transfer Petition, it is not necessary to decide whether the Family Court, Thrissur has jurisdiction. Assuming that the Family Court, Thrissur has the jurisdiction, nothing prevents the court from transferring the case from one Family Court to another Family Court. 3. Taking into account the facts and circumstances of the case, I am of the view that to suit the general convenience of the parties, it would be ideal, if the case is transferred to the Family Court, Ernakulam. By such a transfer, no great prejudice wold be caused to the respondent. Accordingly, the Transfer Petition is allowed. O.P.No.1529 of 2008 pending before the Family Court, Thrissur shall stand transferred to the Family Court, Ernakulam. The Registry shall send a copy of the judgment to the Family Court, Thrissur and to the Family Court, Ernakulam. The learned counsel for the respondent husband submitted that a direction may be issued to the Family Court, Ernakulam to exempt him from personal appearance on occasions when his TPC No.23 /2009 3 presence is not necessary. The respondent would be free to move an application before the Family Court, Ernakulam for that purpose. The Family court shall consider the application and shall dispense with his presence on such occasions as decided by the Family Court. K.T.SANKARAN, JUDGE csl