IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Tr.P(C).No. 264 of 2008() ------------------------- OP.1006/2008 of FAMILY COURT, NEDUMANGAD .................... PETITIONERS/PETITIONERS: ------------------------------------------ 1. BINDHYA V. DHARAN,T.C.NO.2/925, VIDYAVIHAR,PUTHUPALLY LANE, MEDIAL COLLEGE.P.O.,TRIVANDRUM. 2. ABHIRAMI.M.G. AGED 9 YEARS,(MINOR) REPRESENTED BY GUARDIAN 1ST PETITIONER T.C.NO.2/925, VIDYAVIHAR, PUTHUPALLY LANE, MEDICAL COLLEGE P.O., TRIVANDRUM. 3. ABHINAV.M.G. AGED 7 YEARS, (MINOR) REPRESENTED BY GUARDIAN 1ST PETITIONER T.C.NO.2/925, VIDYAVIHAR, PUTHUPALLY LANE, MEDIAL COLLEGE P.O., TRIVANDRUM. BY ADVS. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN RESPONDENT/ RESPONDENT: --------------------------------------- M.S.GOPAL,'SNEHA' SARABAI NAGAR, THARATTA, KARAKULAM. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.Petition No. 264/2008 ORDER ON I.A.NO. 2328/2008 IN TR.PETITION .NO. 264/2008 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 15/10/2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N. KRISHNAN, J ---------------------------------------- TRANSFER PETITION NO. 264 OF 2008 ------------------------------------------ Dated this the 15th day of October, 2008 O R D E R This Transfer Petition is filed with a prayer to transfer O.P. 1006/2008 pending before the Family Court, Nedumangad to the Family Court, Thiruvananthapuram to be tried along with M.C. 171/2008 pending before the Family Court, Thiruvananthapuram. At the out set I may like to state both the cases are pending in the same district. The distance between the places is approximately 40-50 kilometres. It may not be correct to transfer each and every case just because one party feels that it is more convenient for that party. Therefore I do not find any ground to transfer the case. But the learned counsel had drawn my attention to the fact that question of jurisdiction of Nedumangad Family Court had been raised by Transfer Petitioner. If it is found that Nedumangad Court has no jurisdiction necessarily it has to be returned back for representation before Family Court, Thiruvananthapuram. Further I also direct that the Family Court, Nedumangad not to insist for the presence of the Transfer Petitioner on each and every occasion. It Tr.Petition No. 264/2008 -2- shall direct the Transfer Petitioner to be present for conciliation, evidence or for any other purpose which the court feels her presence is necessary. With these observations Transfer Petition is disposed of. M.N. KRISHNAN, JUDGE. vkm