IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Tr.P(C).No. 326 of 2009() ------------------------- OP.828/2008 of FAMILY COURT, PALAKKAD .................... PETITIONER: ---------------------- ANU.P.DAS, D/O.RAM MOHANDAS, PARAMBANATT HOUSE, PONNAMKAYAM.P.O, THIRUVAMBADI, KOZHIKODE-673 603. BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENT(S): --------------- R.RAJESH, S/O.RAGHAVAN, VADAKKEKARAKALAM, VAVOLLIAPURAM POST, PALAKKAD DISTRICT. ADV. SRI.JOSEPH KODIANTHARA THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.3347/2009 IN TR.P.(C).326/2009 DISMISSED. 5.1.2010 S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.326 OF 2009 () ----------------------------------- Dated this the 5th day of January, 2010 O R D E R Transfer petition is filed under Section 24 of the Code of Civil Procedure. Petitioner was the plaintiff in O.S.No.99 of 2008 on the file of the Munsiff Court, Perinthalmanna. Respondent was the 1st defendant in that suit. Suit was filed for revocation of the certificate of marriage endorsed in the register of the 2nd defendant, the Registrar, Hindu Marriage Registration Rules, Angadipuram. Practicing fraud and misrepresentation, the respondent got the registration of a certificate evidencing a marriage between the parties and it is liable to be cancelled, was the gist of the case canvassed by the petitioner/plaintiff in the above suit. The respondent had filed a transfer petition before this Court as Tr.P.(C).No.6 of 2009 for transfer of that suit from the Munsiff Court, Perinthalmanna to the Family Court, Palakkad contending that he had already preferred a petition before the Family Court, TPC.326/09 2 Palakkad for restitution of conjugal rights alleging that a marriage had taken place between the parties. This Court disposed of the above transfer petition vide Annexure C order dated 4.3.2009 directing the learned Munsiff, Perinthalmanna to decide the question of jurisdiction preliminarily before proceeding with the trial of the suit. The learned Munsiff accordingly considered the question of jurisdiction and entered a finding that the civil court has no jurisdiction to enter into the disputes covered by the suit as such disputes lie within the province of the Family Court. Plaint in the suit was returned and the petitioner/plaintiff thereupon presented the plaint before the Family Court, Malappuram and it was renumbered as O.P.No.737 of 2009. Now the present transfer petition has been filed by the petitioner seeking for transfer of the petition filed by the respondent namely O.P.No.828 of 2008 from Family Court, Palakkad to the Family Court, Malappuram to be tried along with her petition referred to earlier. 2. Notice given, the respondent has entered appearance. TPC.326/09 3 I heard the counsel on both sides. The learned counsel for the respondent resisting the application contended that the respondent is apprehensive of harassment and intimidation at the instance of the relatives of the petitioner in case as transfer as requested for is ordered to the Family Court, Malappuram. After hearing the counsel on both sides at length, suggestion made by this Court to transfer both petitions from the two different Family Courts to the Family Court, Thrissur was agreed upon, and so much so, no further dilation on any of the disputes in relation to the proceedings is called for. O.P.No.828 of 2008 on the file of the Family Court, Palakkad and O.P.No.737 of 2009 on the file of the Family Court, Malappuram are ordered to be transferred to the Family Court, Thrissur. The respective Judges of the above said Family Courts are directed to transmit the records of the above cases to the Family Court, Thrissur without delay. The Judge, Family Court, Thrissur on receipt of the records, shall give notice to the parties for appearance. After appearance of the parties and once conciliation proceedings are over, the Family Court, Thrissur will also consider the feasibility of TPC.326/09 4 having the recording of the evidence in the case at its camp sittings in the place which is most convenient to both parties. Transfer petition is disposed as indicated above. S.S.SATHEESACHANDRAN JUDGE prp