IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 Tr.P(C).No. 327 of 2009() ------------------------- OP(DIV)585/2009 of FAMILY COURT, THIRUVALLA .................... PETITIONER (S): -------------------- BERLY P.VARGHESE, AGED 23 YEARS, D/O P.T.VARGHESE, LAB TECHNICIAN, BADHARAL SAMA POLY CLINIC, POST BOX NO.443, P.C.112, RUWI, SULTANATE OF OMAN, REPRESENTED BY POWER OF ATTORNEY HOLDER P.T.VARGHESE, PADINJAREOTHIL HOUSE, AYROOR NORTH P.O, AYROOR VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): --------------- 1. PRADEEP MATHEW, S/O JOSEPH MATHEW PEROORKIZHAKKATHIL, SOUTH MANKUZHI, PULLIKKANAKKU P.O, BHARANIKKAVU VILLAGE. 2. JOSEPH MATHEW, PEROORKIZHAKKATHIL SOUTH MANKUZHI, PULLIKKANAKKU P.O, BHARANIKKAVU VILLAGE. ADV. SRI.RENJITH GEORGE FOR R2 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------------- Tr.P.(C) NO. 327 OF 2009 --------------------------------------------- Dated this the 19th day of January, 2010 ORDER Petitioner is the wife and respondent, the husband. Matrimonial disputes between them have given rise to three proceedings, two of them in one Family Court at the instance of the wife, and another in a different Family Court at the instance of the husband. Petitioner/wife has filed the present petition seeking transfer of the petition filed by the respondent/husband in O.P.(Divorce) 73/2009 pending before the Family Court, Aleppey to the Family Court at Thiruvalla, where the other two petitions filed by her as per O.P.No.584/2009 and O.P.No.585/2009 are pending. She has filed O.P.No.585/2009 seeking identical relief of divorce and O.P.No.584/2009 for return of valuables and gold ornaments. 2. Notice given, the respondent/husband has entered appearance. I heard the counsel on both sides. From the submissions made, it is noticed that both the parties are employed in Gulf. Wife has presented a case that her aged parents alone are present to defend the case launched against her by the husband and also to prosecute her cases pending before the Family Court at Aleppey. Considering the submissions made and taking note of the facts and Tr.P.C.No.327/ 2009 2 circumstances presented, I find that trial of the case by one Family Court will be ideal which if not followed may sometimes lead to conflicting decisions as well. In the circumstances, I order transfer of O.P.No.73/2009 pending before the Family Court, Aleppey to Family Court, Thiruvalla. Judge, Family Court, Thiruvalla shall consider the feasibility of the joint trial of the cases. The transferee court shall also give notice to the parties for appearance. (S.S.SATHEESACHANDRAN, JUDGE) spc