IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Tr.P(C).No. 383 of 2010() ------------------------- AGAINST THE ORDER IN OP 693/2010 IN OP.692/2010 of FAMILY COURT, KOTTAYAM .................... PETITIONER/RESPONDENT: ----------------------------------------- MOLGI MARIATTA, BIJU NIVAS (GANAPATHY PLACKEL), KAYANNA P.O. KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADVS. SRI.K.V.SOHAN, SMT.MARY MATHEW. RESPONDENT(S): PETITIONER: ----------------------------------------------- JOSHY DOMANIC, S/O.K.D.DOMANIC, KURISUMOODU P.O., CHANGANASSERY TALUK, KOTTAYAM DISTRICT, PIN:686 104. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- Tr.P(C) No.383 of 2010 ------------------------------------- Dated this the 23rd day of March 2011 Judgment In this petition under Section 24 CPC, the petitioner seeks to have OP Nos.692/10 and 693/10 pending before the Family Court, Kottayam at Ettumanoor transferred to Family Court, Kozhikode. 2. The marriage between the petitioner and the respondent was solemnized on 06.01.1993 at St.Metro Politan Church, Changanacherry. They have two children in the wedlock. Various other contentions are raised in the petition, which are not very relevant for the present purpose. Suffice to say that the parties fell apart and the petitioner filed OP No.1235/10 before the Family Court, Kozhikode for divorce. She, thereafter filed two more cases as OP Nos.1234/10 and MC No.457/10 for return of gold ornaments and for maintenance. Her husband did not keep quite. He retaliated by filing OP Nos.692 and 693 of Tr.PC No.383/10 2 2010 for restitution of conjugal rights and for custody of children before the Family Court, Kottayam at Ettumanoor. The petitioner says that she finds it extremely difficult to come over from Kozhikode to Kottayam with her children and she will have to incur huge expenses also. Therefore, she prays for a direction to transfer OP Nos.692/10 and 693/10 from the Family Court, Kottayam at Ettumanoor to Family Court, Kozhikode to be heard along with OP Nos.1234/10, 1235/10 and MC No.457/10 filed by her before the Family Court, Kozhikode. 3. Though notice has been served on the respondent, there is no appearance on his behalf. The petitioner has highlighted her difficulties in coming over to Kottayam and attending the cases on each posting dates. The two children are with the petitioner. One has to remember that one of the reliefs sought for by the respondent is for custody of children. In the facts and circumstances of the case, the prayer made by the petitioner is only just and proper. Tr.PC No.383/10 3 In the result, there will be a direction to the Family Court, Kottayam at Ettumanoor to transfer OP Nos.692/10 and 693/10 pending before it to the Family Court, Kozhikode where OP Nos.1234, 1235 and MC No.457 of 2010 filed by the petitioner are pending, expeditiously. The Tr.P(C) is allowed as above. P.Bhavadasan, Judge sta Tr.PC No.383/10 4