IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH DECEMBER 2006 / 24TH AGRAHAYANA 1928 Tr.P(C).No. 273 of 2006() ------------------------------------ OP.380/2004 of FAMILY COURT, ALAPPUZHA .................... PETITIONER: -------------------- SEEMA. S., D/O.SUDHAKARAN, AGED 28 YEARS, THADATHILKIZHAKKETHIL HOUSE, KANAKAPALAM P.O., ERUMELI, KOTTAYAM DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: ---------------------- SANTHOSHKUMAR, S/O.THANKAMMA, AGED 31 YEARS, KATTASSERIL HOUSE, THIRUMALA WARD, CHUNGAM P.O., ALLEPPEY DISTRICT. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. -------------------------- Tr.P.(C)NO. 273 OF 2006 ------------------------- DATED THIS THE 15th DAY OF DECEMBER, 2006 ORDER Petitioner is the wife. Respondent is the husband. Petitioner filed O.P.327/06 seeking divorce before Family Court, Errumanoor. Respondent filed O.P.380/06 before Family Court, Alappuzha for restitution of conjugal rights. This petition is filed to transfer the case pending before Family Court, Alappuzha to Family Court, Ettumanoor contending that she is residing at Erumeli within the jurisdiction of Family Court, Ettumanoor and it is difficult for her to travel to Alappuzha and contest the case. 2. Learned Counsel appearing for petitioner and respondent were heard. 3. Learned Counsel appearing for respondent opposed the application contending that it is difficult for respondent to travel to Alappuzha and contest the case. 4. Wife filed petition for divorce and husband filed petition for restitution of conjugal rights. Both the cases are to be tried of one and the same Family Court. As the wife is residing within the jurisdiction of Family Court, Ettumanoor and husband is residing at Alappuzha, Tr.P.(c)273/06 2 considering the difficulties expressed by wife, petition is allowed. O.P.380/06 on the file of Family Court, Alappuzha is wihdrawn and transferred to Family Court, Kottayam (at Ettumanoor) for disposal in accordance with law. M.SASIDHARAN NAMBIAR,JUDGE Acd