IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 Tr.P(C).No. 376 of 2010() ------------------------- HMOP.1399/2010 of FAMILY COURT, KOTTAYAM MC.NO.599/2010 OF FAMILY COURT, THRISSUR. .................... PETITIONER (S): RESPONDENT/WIFE: --------------------------------------------------------- M.N.SARASWATHY, AGED 35 YEARS, D/O.NARAYANAN,MATTALAKKAL HOUSE,WEST CHALAKUDY PO, CHALAKUDY VILLAGE,THRISSUR DISTRICT. BY ADVS. SRI.P.G.SURESH, SRI.C.V.MANUVILSAN, SRI.RAJAN VISHNURAJ. RESPONDENT(S): PETITIONER/HUSBAND: --------------------------------------------------------------- T.V.ASHOKAN,AGED 39 YEARS, S/O.VELAYUDHAN,THEKKUMPARAMBIL(KUTTUVELIL) HOUSE, PO KATTACHIRA, ETTUMANOOR VILLAGE,KOTTAYAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. ------------------------------ Tr.P(C).No.376 OF 2010 ------------------------------ Dated this the 10 th day of January, 2011 ORDER The petitioner, who is the wife of the respondent, filed M.C.No.599 of 2010 before the Family Court, Thrissur against the respondent claiming maintenance. M.C.No.599 of 2010 is pending. The respondent/husband filed OP No.1399 of 2010 before the Family Court, Kottayam against the petitioner, for divorce. That Original Petition is also pending. 2. The prayer of the petitioner is to transfer OP No.1399 of 2010 from the Family Court, Kottayam to the Family Court, Thrissur where M.C.No.599 of 2010 is pending. 3. It is stated that the marriage between the parties was solemnized at Chalakkudy, within the jurisdiction of the Family Court, Thrissur. Two Tr.P(C).No.376 OF 2010 2 children were born in the wedlock. The children are minors. The wife contends that if she were appear before the Family Court, Kottayam, she would be put to great prejudice and inconvenience. The petitioner states that she has no source of income. The distance she has to travel from Chalakkudy, her place of residence, to Kottayam would be about 180 K.M. The parents of the petitioner are aged and they are not in a position to accompany her to Kottayam. 4. There is no appearance for the respondent, though he was served with notice. 5. In the facts and circumstances mentioned above, it is only just and proper to transfer OP No.1399 of 2010 pending before the Family Court, Kottayam to the Family Court, Thrissur. At any rate, the husband has to appear before the Family Court, Thrissur since the wife has filed M.C. before that court claiming maintenance. If both Tr.P(C).No.376 OF 2010 3 the cases are tried in two Family Courts, both the parties would be put to inconvenience. Accordingly, the Transfer Petition is allowed. OP No.1399 of 2010 pending before the Family Court, Kottayam shall stand transferred to the Family Court, Thrissur, where M.C.No.599 of 2010 is pending. The Family Court, Kottayam shall transmit the records to the Family Court, Thrissur. K.T.SANKARAN, JUDGE. cms