IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Tr.P(C).No. 316 of 2008 TO TRANSFER O.P.(HMA) NO.1184/2007 AND O.P.(G&W) NO.67/2008 FROM THE FAMILY COURT, THIRUVANANTHAPURAM TO THE FAMILY COURT, PALAKKAD TO BE TRIED ALONG WITH OP.732/2008. PETITIONER: -------------------- BINDHU.S.G.NATH, W/O.N.BALAGOPALAN, AGED 38 YEARS, VIVEKANANDA YOGA VIDHYAPEEDAM, CHIRAKKAD, KUNNATHURMEDU, PALAKKAD. BY ADV. SRI.RAJESH SIVARAMANKUTTY SMT.A.PREMAKUMARI RESPONDENT: --------------- N.BALAGOPALAN, S/O.M.NANU PILLAI, AGED 41 YEARS, KALILIL VEEDU, KURIPUZHACHERY, KAVANATTU, KOLLAM 691 003. BY ADV. SRI.V.G.SANKARAN SRI.HARIKRISHNAN RAVINDRAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.2695/2008 IN TR.P.C.NO.316/2008 DISMISSED 13/3/2009 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AGZ/ K.T.SANKARAN, J. ------------------------------------------------------ TR.P.(C) NO. 316 OF 2008 ------------------------------------------------------ Dated this the 13th March, 2009 O R D E R There are three cases as between the petitioner and the respondent, pending before the Family Court, Thiruvananthapuram and the Family Court, Palakkad. O.P.(HMA) No.1184 of 2007 was filed by the respondent – husband, before the Family Court, Thiruvananthapuram, against the petitioner – wife, for restitution of conjugal rights. O.P.(G&W) No.67 of 2008 was filed by the respondent before the Family Court, Thiruvananthapuram for custody of the child. O.P.No.732 of 2008, before the Family Court, Palakkad was filed by the wife for divorce. All the three cases are pending. The petitioner-wife has filed this Transfer Petition, seeking transfer of the two cases pending before the Family Court, Thiruvananthapuram to the Family Court, Palakkad, where O.P.No.732 of 2008 is pending. 2. Both the parties belong to Thiruvananthapuram. The wife is employed at Palakkad. The husband is employed at Calicut. The husband has challenged the jurisdiction of the Family Court, Palakkad to entertain O.P.No.732 of 2008. According to the husband, the Family Court, Palakkad has no jurisdiction to try the case. TR.P.(C) NO.316 OF 2008 :: 2 :: 3. If the two cases at Family Court, Thiruvananthapuram are prosecuted there, the husband as well as the wife will have to travel from Calicut and Palakkad respectively, to Thiruvananthapuram. As things stand, the husband has to attend the Family Court, Palakkad as well, so long as his contention regarding lack of jurisdiction is not decided in his favour. It is only proper that all the three cases are tried before the same Family Court. Which court shall try the cases is the question. I do not think that either the husband or the wife desires the cases to be tried by the Family Court, Thiruvananthapuram because both would be put to great prejudice if the cases are tried before the Family Court, Thiruvananthapuram. Then the next question is whether the Family Court, Kozhikode or the Family Court, Palakkad shall try the cases, notwithstanding the challenge of the territorial jurisdiction of the Family Court, Palakkad to try O.P.No.732 of 2008. The fact remains that the wife is employed at Palakkad. The comparative hardship of the husband and wife to attend the Family Court, Kozhikode or Palakkad, as the case may be, is to be taken note of. I am of the view that the wife would be put to great prejudice than the husband if the cases are to be tried by the Family Court, Kozhikode. Taking into account all the relevant facts, I am of the view that it would be ideal to both parties if all the cases are tried and disposed of by the Family Court, Palakkad. TR.P.(C) NO.316 OF 2008 :: 3 :: Accordingly, the Transfer Petition is allowed. O.P.(HMA) No.1184 of 2007 and O.P.(G&W) No.67 of 2008, pending before the Family Court, Thiruvananthapuram shall stand transferred to the Family Court, Palakkad where O.P.No.732 of 2008 is pending. It is made clear that the order in the Transfer Petition will not affect the contention of the husband that the Family Court, Palakkad has no jurisdiction to try O.P.No.732 of 2008. Registry shall communicate the order to the Family Court, Palakkad and the Family Court, Thiruvananthapuram. (K.T.SANKARAN) Judge ahz/