IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 Tr.P(C).No. 246 of 2010() ------------------------- OP.552/2010 of FAMILY COURT, MALAPPURAM .................... PETITIONER: --------------------- A.JEMINI, AGED 43 YEARS, D/O.DAMODARAN,CHERUKUNNATHU HOUSE, VAZHATHIRUTHY ROAD, CIVIL STATION P.O., ERANHIPPALAM,KOZHIKODE. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENT: --------------- K.MANOHARAN, AGED 48 YEARS,S/O.DAMODARAN, KARIYIL HOUSE, ARIYALLUR P.O., THIRURANGADY, MALAPPURAM DISTRICT-676312 ADV. SRI.P.RAMAKRISHNAN FOR R1 SRI.C.ANIL KUMAR FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2010, ALONG WITH TPC NO. 247 OF 2010. THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.Nos.246 and 247 of 2010 --------------------------------------- Dated this 02nd day of September, 2010 ORDER These petitions are for transfer of O.P.Nos.552 and 553 of 2010 from Family Court, Malappuram to Family Court, Kozhikode. Those proceedings are initiated by the respondent/husband for custody of minor son and for divorce. Petitioner/wife is a resident of Eranhippalam in Kozhikode district while respondent who is working abroad belongs to Ariyallur in Malappuram district. According to the petitioner, it will be convenient to both parties if the cases are transferred to Family Court, Kozhikode. Learned counsel states that petitioner has filed O.P.No.703 of 2010 in Family Court, Kozhikode against respondent for recovery of money and other reliefs and M.C.No.38 of 2010 in the court of learned Judicial First Class Magistrate, Kozhikode for maintenance and other reliefs. Counsel for respondent/husband opposes the application contending that petitioner is a practicing lawyer at Kozhikode and hence there is a possibility of her getting advantage on account of that, if the cases are transferred to Family Court at Kozhikode. It is also pointed out that petitioner is a member of Juvenile Justice Board for Malappuram district. Tr.P.C.Nos.246 and 247 of 2010 : 2 : 2. It is not disputed that respondent is working abroad and is a resident of Ariyallur. It is pointed out by learned counsel for petitioner that place of residence of respondent is just 23 kms away from Kozhikode while he has to travel about 40 kms to reach Family Court, Malappuram. The mere fact that petitioner is practicing as a lawyer at Kozhikode is no ground to refuse prayer for transfer of the cases to Family Court, Kozhikode particularly as O.P.No.703 of 2010 is pending in that court and M.C.No.38 of 2010 is pending in the court learned Judicial First Class Magistrate, Kozhikode, both initiated by the petitioner and until now there is no request from the respondent for transfer of those cases to any place outside Kozhikode. 3. Having regard to the facts and circumstances of the case I am persuaded to think that convenience of both parties required that the cases are withdrawn from Family Court, Malappuram and transferred to Family Court, Kozhikode. Resultantly these petitions are allowed in the following lines: (i) O.P.Nos.552 and 553 of 2010 are withdrawn from Family Court, Malappuram and made over to Family Court, Kozhikode. (ii) The transferor court shall transmit records of the cases to the transferee court with due intimation to counsel on both sides as to Tr.P.C.Nos.246 and 247 of 2010 : 3 : date of appearance in the transferee court. (iii) Family Court, Kozhikode is directed to ensure that all the cases as far as possible are posted on the same dates. (THOMAS P JOSEPH, JUDGE) Sbna/-