IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Tr.P(C).No. 40 of 2010() ------------------------ OP.1558/2009 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: ------------------------------- SUMMISH MOHAN, AGED 31 YEARS, S/O.K.SIVANANDAN, RESIDING AT S.M.SADANAN, VATTAVILA, KOTTUKAL P.O., BALARAMAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.RAJIT SRI.P.ANOOP (MULAVANA) RESPONDENT(S): --------------- RANI S.SATHYAN, D/O.SATHYASEELAN, AGED 29 YEARS, RESIDING AT LIJU NIVAS, MRA 26, NEAR GHS ATTINGAL, THIRUVANANTHAPURAM. ADV. SRI.G.SUDHEER THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2010, ALONG WITH Tr.P(C) NOS. 100 OF 2010 AND 101 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) Nos.40, 100 & 101 of 2010 -------------------------------------- Dated this the 28th day of June, 2010. ORDER These petitions are filed by the estranged husband and wife seeking transfer of matrimonial proceedings they have filed in the courts at Nedumangad and Thiruvananthapuram. Wife has filed M.C.No.44 of 2007 in the Family Court, Thiruvananthapuram seeking maintenance from the husband for herself and the child. She has also filed O.P.No.1558 of 2009 in the Family court at Nedumangad for recovery of alimony and other reliefs. Husband has filed O.P.No.728 of 2008 in the Family court, Thiruvananthapuram for divorce. In the same court he has filed O.P.(G&W) No.648 of 2009 to appoint him as guardian of the child. While wife seeks transfer of the case from Family Court, Thiruvananthapuram to Family Court, Nedumangad the relief prayed for by the husband is vice versa. 2. So far as transfer of these cases is concerned it is not disputed that wife is residing at Attingal while husband belongs to Balaramapuram, also in Thiruvananthapuram District. It would appear from the place of residence of parties that it will be more convenient to both parties if the cases are tried at Family Court, Thiruvananthapuram. Learned counsel for the wife has a contention that distance wise Nedumangad is nearer to the place of residence of wife. But it is seen that the wife is a resident of Attingal. The Family Court, Tr.P.(C) Nos.40, 100 & 101/2010 2 Thiruvananthapuram is now functioning at Vanchiyoor and the travelling facility from the place of residence of wife is much more to the Family Court, Thiruvananthapuram than to Nedumangad. For the husband also it is convenient to have the cases at Thiruvananthapuram. Having regard to these aspects I am inclined to think that the case pending in the Family Court, Nedumangad can be transferred to the Family Court, Thiruvananthapuram. This will not however bar the wife from pursuing her contention so far as the maintainability of O.P.(G&W) No.648 of 2009 in the Family Court, Thiruvananthapuram. Resultantly these petitions are disposed of in the following lines: i. Tr.P.(C) No.40 of 2010 filed by the husband is allowed and O.P.N.1558 of 2009 pending in Family Court, Nedumangad is withdrawn from that court and made over to Family Court, Thiruvananthapuram. ii. Tr.P.(C) Nos.100 of 2010 and 101 of 2010 filed by the wife are dismissed. iii. It is made clear that it will be open to the wife to pursue her contention regarding maintainability of O.P.(G&W) No.648 of 2009 in the Family Court, Thiruvananthapuram. Tr.P.(C) Nos.40, 100 & 101/2010 3 iv. Family Court, Nedumangad shall transmit the records of O.P.No.1558 of 2009 to the Family Court, Thiruvananthapuram with due intimation to the counsel on both sides as to the date of appearance of parties in the transferee court. I.A.No.277 of 2010 in Tr.P.(C) No.40 of 2010, I.A.No.898 of 2010 in Tr.P. (C) No.100 of 2010 and I.A.No.899 of 2010 in Tr.P.(C) No.101 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks