IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Tr.P(C).No. 277 of 2009() ------------------------- OP(HMA).729/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER: ----------------------------- AMBILI.M.B., AGED 31 YEARS D/O. BHASKARAN, AJITH BHAVAN, I.S.R.O. JUNCTION, CHULLIMANOOR.P.O., NEDUMANGAD, TRIVANDRUM DIST. BY ADV. SRI.C.A.SADASIVAN SRI.S.ABU BAKER KUNJU SRI.JOY P.JOSE SRI.SOJAY MATHEW SRI.K.N.KRISHNAN NAMPOOTHIRI RESPONDENT(S): --------------- K.RAJESH, AGED 33 YEARS, S/O.LATE SRI.KUNJUKUNJU, THUNDATHARAYIL, CHARUKUNNAM MURI, THEKKEKARA VILLAGE, MAVELIKKARA, ALAPPUZHA DIST. ADV. SRI.V.MANOJ KUMAR SRI.IYPE JOSEPH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.2818/2009 IN TR.P.(C).277/2009 DISMISSED. 30.11.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.277 OF 2009 () ----------------------------------- Dated this the 30th day of November, 2009 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and the respondent, the husband. Petition has been filed to transfer O.P.(HMA) No.729 of 2008 on the file of the Family Court, Alappuzha to the Family Court, Thiruvananthapuram, where another petition filed by the petitioner as O.P.(HMA)No.1091 of 2008 is pending consideration. Whereas the respondent/husband has moved an application for restoration of conjugal rights petitioner/wife has filed a petition for dissolution of the marriage. 2. Notice given, the respondent/husband entered appearance. Parties were directed to report before the Mediation Centre to examine whether a settlement is possible. Pursuant to mediation, the limited scope of settlement arrived Tr.P.(C).277/09 2 at was only with respect to the transfer of the case. Respondent/husband has no objection in transferring his petition O.P.(HMA)No.729 of 2008 from the Family Court, Alappuzha to the Family Court, Thriuvananthapuram, where the petition filed by the wife as O.P.(HMA)No.1091 of 2008 is pending. Settlement arrived at by the parties in the mediation as above is produced by the Mediator. Having regard to the settlement arrived, its limited scope and also taking note that the respondent/husband has no objection in the transfer requested for, I order for transfer O.P.(HMA) No.729 of 2008 from the Family Court, Alappuzha to the Family Court, Thiruvananthapuram. The Judge, Family Court, Alappuzha shall transmit the records without delay. The transferee court, on receipt of the records, shall give notice to the parties for appearance. Transfer petition is disposed as indicated above. S.S.SATHEESACHANDRAN JUDGE prp Tr.P.(C).277/09 3