IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Tr.P(C).No. 272 of 2010() ------------------------- OP.1326/2010 of FAMILY COURT,THRISSUR TO FAMILY COURT, ERNAKULAM .................... PETITIONER: ---------------------- DALIYA.A.J,D/O.JOLY @ JOSEPH, AMBATTU HOUSE,MADAPLATHURUTHU DESOM, MOOTHAKUNNAM VILLAGE,MOOTHAKUNNAM.P.O, PARAVUR TALUK. BY ADV. SMT.K.GIRIJA RESPONDENT(S): --------------------------- SHIJIL.M.I,S/O.IBRAHIM KUTTY, MANANKERI HOUSE,VELLANGALLOOR DESOM, VELLANGALLOOR VILLAGE,BLOCK JUNCTION, VELLANGALLOOR.P.O,MUKUNDAPURAM TALUK-680 662. BY ADV. SRI.P.M.HABEEB THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.272 of 2010 --------------------------------------- Dated this 03rd day of August, 2011 ORDER This petition is for transfer of O.P.No.1326 of 2010 from Family Court, Thrissur to Family Court, Ernakulam. That petition was filed by the respondent/husband for restitution of conjugal rights. Petitioner/wife has filed O.P.No.1441 of 2010 in Family Court, Ernakulam for a declaration that the marriage is null and void and alternatively, for a decree of divorce. It is contended that these cases are to be tried and disposed of by the same Court. Petitioner states that she is a resident of North Paravur and that she has to travel all the distance from North Paravur to Thrissur if O.P.No.1326 of 2010 continued to be in Family Court, Thrissur. Learned counsel for petitioner has submitted that after filing of this petition for transfer, respondent has filed G.O.P.No.591 of 2011 in Family Court, Ernakulam seeking custody of the child. The application is opposed by the learned counsel for respondent. 2. Fact remains that petitioner is a resident of North Paravur and two proceedings of which one is filed by the respondent himself are pending before the family Court, Tr.P(C).No.272 of 2010 -: 2 :- Ernakulam. In that circumstance and also taking into account the hardship that may be caused to the petitioner if one of the cases continued in Family Court, Thrissur I am inclined to allow the petition. Resultantly this petition is allowed as follows: (i) O.P.No.1326 of 2010 pending in Family Court, Thrissur is withdrawn from that court and made over to Family Court, Ernakulam. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (iii) Transferee Court is directed to ensure that O.P.No.1326 of 2010 being transferred to that Court and O.P.No.1441 of 2010 and G.O.P.No.591 of 2011 pending in that Court are posted, as far as possible on the same dates. (iii) It is made clear that except when the physical presence of respondent is necessary it is open to him to appear through counsel in the transferee court. (THOMAS P JOSEPH, JUDGE) Sbna/-