IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Tr.P(C).No. 125 of 2009 -------------------------------- (TO TRANSFER OF OP.NO.1279/2008 OF FAMILY COURT, ALAPPUZHA TO THE FAMILY COURT, ERNAKULAM) .................... PETITIONER: ------------------- VINOD ANAND,AGED 31 YEARS,S/O.LATE ANAND V.SHENOY, HOUSE NO.8/150,R.G PAI ROAD, SOUTH CHERLAI,KOCHI- 682 002,ERNAKULAM DISTRICT. BY ADVS. MR.P.S.SREEDHARAN PILLAI, SMT.C.G.PREETHA. RESPONDENT: ---------------------- JYOTHI SEETHARAMAN,AGED 27, D/O.K.N.SEETHARAMAN,NAIMISHARANYA,EAST GATE, A.N PURAM,ALAPPUZHA DISTRICT. BY ADV. MR.M.P.MADHAVANKUTTY. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.125 OF 2009 -------------------------- Dated this the 19th day of October 2009 ------------------------------------- JUDGMENT Petition for transfer filed under Section 24 of the Code of Civil Procedure. Petitioner is the husband, and respondent the wife. Husband seeks transfer of the petition filed by the wife as O.P 1279 of 2008 on the file of the Family Court, Alappuzha. The above petition has been filed by the wife for return of valuables and gold ornaments. Husband has filed another petition as O.P No.1269/2008 for dissolution of marriage and that is pending before the Family Court, Ernakulam is canvassed for the transfer requested for. 2. I heard the counsel on both sides. From the submissions made, it is seen that the wife is now in U.S A and the husband employed at Pune. In the petition filed by the husband, it is submitted, an exparte decree of divorce has already Tr.P.(C).No.125 OF 2009 Page numbers been granted by the Family Court, Ernakulam. The Family Court, Alappuzha, where the wife has filed petition lacks jurisdiction to entertain such petition is one among the objections canvassed by the husband to sustain his request for transfer to the Family Court, Ernakulam, within whose jurisdiction, according to him, the marriage took place and the spouses last resided together. Whatever that be, if the husband has any objection to the jurisdiction, it can be canvassed before the Family Court, Alappuzha as provided by law. Wife is now in U.S A and her aged father is prosecuting the case on her behalf in her absence is the submission of the learned counsel for the wife. Taking note of that circumstances and also that the O.P filed by the husband has already been disposed of by granting a decree of divorce, at this stage, there is no need for transfer of the petition. Petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// vdv P.A TO JUDGE