IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 Tr.P(C).No. 138 of 2008() ------------------------- OP.357/2008 of FAMILY COURT,KOLLAM .................... PETITIONER:- -------------- N.L.ANANDAVALLY @ ANANDAM, S/O LEKSHMIAMMA, NO.1 (OLD NO.90) 8TH STREET, NARASINGAPURAM, MADUVANKARA, GUINDY, CHENNAI -32. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN SMT.SURYA SASI RESPONDENTS: ------------- K.SASIDHARAN NAIR, S/O K.KARUNAKARAN NAIR,PUTHENVILA THEKKETHIL, EDAVATTOM, PERINADU, KOLLAM DISTRICT, NOW WORKING AT SCIENTIFIC TOOLS MANUFACTURING PVT.LTD., NO.111, CHOOLAMEDU HIGH ROAD, CHENNAI-94. BY ADV. SRI. K.SIJU FOR R1 SRI.A.MUHAMMED RAFFI FOR R1 SRI.B.SUGATHAN FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- Tr.P.(C) No.138 of 2008 ------------------------------- Dated this the 17th July, 2008. O R D E R This petition is filed under Sections 22 and 23 of Code of Civil Procedure to transfer O.P.No.357 of 2008 pending before the Family Court, Kollam, to Family Court, at High Court complex, Chennai. Petitioner is the wife and respondent the husband. Both are working and staying at Chennai. The case of the petitioner is that it is not possible for her to travel to Kollam and conduct the case, and, therefore, the case may be transferred to Chennai. Respondent opposed the prayer. 2. Under Section 22 of Code of Civil Procedure, when a case could be instituted in more than one court and suit is instituted in one of such courts, opposite party is entitled to file an application for transfer of the case to any of the other courts having jurisdiction to try it. Sub-section (3) of Section 23 provides that if one such court is within the jurisdiction of another High Court, an application would lie Tr.P.(C) No.138 of 2008 2 before that High Court under whose jurisdiction the suit was instituted. In this case, O.P.No.357 of 2008 is filed before the Family Court, Kollam, which is subordinate to High Court of Kerala. Hence, under Section 22(3) of Code of Civil Procedure, this Court has jurisdiction to transfer the case to Family Court, Chennai, where the O.P. could have been instituted under Section 19 of Hindu Marriage Act. Considering the fact that both the husband and wife are working and living at Chennai, petition is allowed. O.P.No.357 of 2008 on the file of Family Court, Kollam, is transferred to Family Court at High Court Complex, Madras High Court, Chennai, for disposal, in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE nj.