IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Tr.P(Crl.).No. 119 of 2009() ---------------------------- OP.NO.616/2009 AND OP.NO. 1334/2009 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): ------------------------ DR. VIJAYAKRISHNAN.P.V., AGED 46 YEARS, S/O.LATE. P.K.VENUGOPALAN, PERUMBAYIL HOUSE, P.O.,NADUVILKKARA, VADANAPPILLY, CHAVAKKAD TALUK. BY ADV. MR.P.K.SAJEEV RESPONDENT(S): --------------------------- REKHA, D/O. VALLATH MOHANAN, SREERAGAM HOUSE, OPP. SREEKRISHNA HIGH SCHOOL, VANIYAR STREET, P.O.NELLAPPILLY, PALAKKAD-678 553. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. --------------------------- Tr.P(Crl.) No.119 OF 2009 -------------------------------- Dated this the 28th day of January 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 24 of the Code of Civil Procedure seeking transfer of M.C No.391/2009 pending before the Family Court, Palakkad to Family Court, Thrissur where O.P No.616/2009 and O.P No.1334/2009 between the same parties are pending consideration. 2. Marriage between the petitioner and respondent was solemnized on 15/11/1992 at Priyadarshini Auditorium, Triprayar. There are two children in the wedlock. Realising the adulterous life of the respondent, petitioner has approached the Family Court, Thrissur by filing O.P No. 606/2009 for divorce. He also filed O.P No.1334/2009 before the Family Court, Thrissur seeking cancellation of a document. The respondent filed O.S No.1208/2009 before the Sub Court, Thrissur for partition. She also filed M.C No.391/2009 before the Family Court, Palakkad for getting maintenance for two children and herself. Petitioner has received summons in the case. Petitioner would point out that in fact, councelling was also done at Family Court, Thrissur and if all the cases are tried by the same court conflicting decisions can be avoided. Tr.P(Crl.) No.119 OF 2009 Page numbers 3. Notice in the petition was served on the respondent. But the respondent has not entered appearance before this court. In the light of the facts stated and the request made by the petitioner, it is felt that it will be only just and proper if all the petitions are tried by the same court. Accordingly, petition is allowed. M.C No. 391/2009 pending before the Family Court, Palakkad shall be transferred to the Family Court, Thrissur to be tried with the other cases. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv