IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Tr.P(C).No. 129 of 2010() ------------------------- OP.243/2010 of FAMILY COURT, PALAKKAD .................... PETITIONER ------------------------------ AISWARYA, D/O.GOPLANUNNI, KUTTAKUZHI KALATHIL HOUSE, P.O.VADAKKANCHERI,PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SMT.M.M.DEEPA RESPONDENT: --------------- BALAKRISHNAN,S/O.VENUGOPALAN, POTTAKKATTU HOUSE,MULLAKKAL VILLAGE, KAVASSERY AMSOM DESOM, ALATHUR TALUK. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.129 of 2010 --------------------------------------- Dated this 17th day of June, 2010 ORDER This petition is filed by the wife seeking transfer of O.P.No.243 of 2010 from Family Court, Palakkad to Family Court, Thrissur. That is a petition filed by the respondent seeking restitution of conjugal rights. Petitioner/wife has filed O.P.No.67 of 2010 in the Family Court, Thrissur for dissolution of marriage. Prayer is to transfer the case pending in Family Court, Palakkad to Family Court, Thrissur for trial along with O.P.No.67 of 2010. 2. Though notice of petition was served on the respondent, he has not responded. Learned counsel for petitioner contends that consolidation of the cases in the same court is necessary for joint trial. 3. It is seen from address of the parties given in the petition that petitioner/wife is a resident of Vadakkancheri on Palakkad -Thrissur route while respondent is a resident of Kavassery in Alathur Taluk, Palakkad district. Transfer of case from Family Court, Palakkad to Family Court, Thrissur will not cause much inconvenience to the respondent/husband. Moreover, it is necessary that cases concerning same issue are tried and Tr.P.(C).No.129 of 2010 : 2 : disposed of by the same court. Having regard to the facts and circumstances of the case I am inclined to allow the request of petitioner. Resultantly the petition is allowed. O.P.No.243 of 2010 pending in Family Court, Palakkad is withdrawn from that court and transferred to Family court, Thrissur where O.P.No.67 of 2010 is pending. Issue of joint trial shall be decided by learned Judge of the Family Court, Thrissur. Transferor court shall transmit records of O.P.No.243 of 2010 to the transferee court with due intimation to the counsel for parties as to the date of appearance in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-