IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Tr.P(C).No. 135 of 2009() ------------------------- OP.209/2009 of FAMILY COURT, KANNUR .................... PETITIONER: -------------------- PREJISHA.K., AGED 26 YEARS, D/O.LATE K.V.KUNHIKRISHNAN, NITTADUKKAM HOUSE, BALLA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. MR.T.MADHU RESPONDENT(S): --------------------------- SHAJU.K., AGED 30 YEARS, S/O.K.V.KANNAN, KOTTAYAKARAN HOUSE, WORKING AS JUNIOR HEALTH INSPECTOR, MUTHIYALAM, P.O.KOROM, KANNUR DISTRICT. BY ADV. MR.C.P.PEETHAMBARAN THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009 ALONG WITH TPC.NO.184 OF 2009 AND TPC.NO.185 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON I.A.NO.1006/2009 IN TPC.NO.135/2009 DISMISSED 5/08/2009 SD/- S.S.SATHEESACHANDRAN,JUDGE /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.Nos.135, 184 and 185 of 2009 --------------------------------- Dated this the 5th day of August, 2009 O R D E R These three petitions are filed for transfer under Section 24 of the Code of Civil Procedure. Parties are husband and wife. Matrimonial disputes between them have given rise to three proceedings pending in different family courts. Transfer petitions 184 and 185 of 2009 are filed by the husband, and 135 of 2009 by the wife. Husband has filed O.P.No.209 of 2009 before the Family Court, Kannur for dissolution of the marriage. Wife has filed O.P.No.114 of 2009 for return of gold ornaments and valuables allegedly retained by the husband and O.P.No.91 of 2009 for restitution for conjugal rights, both pending before the Family Court, Kasaragod. Husband seeks transfer of the two petitions filed by the wife to the Family Court, Kannur and wife seeks transfer of the petition filed by the husband to the Family Court, Kasaragod. 2. I heard the counsel on both sides. 3. At the time of hearing, it is agreed upon by both Tr.P.C.Nos.135, 184 and 185 of 2009 2 counsel that it will be convenient for both parties if all the cases are before the Family Court, Kannur, but, with a direction from this Court to consider such cases at the camp sitting of that court in Payyannur. 4. Having regard to the consensus arrived as above, I find O.P.No.114 of 2009 and O.P.No.91 of 2009 both filed by the wife require to be transferred to Family Court, Kannur, and it is ordered accordingly. The Judge, Family Court, Kannur is directed to examine the feasibility of considering the above two cases and also O.P.No.209 of 2009, if there is no serious impediment at its camp sitting in Payyannur. Probably, the parties may have to go over to the Family Court, Kannur for the purpose of conciliation before the cases are posted for trial. To meet the expenses of the wife to go over to the Family Court, Kannur to attend the conciliation proceedings, the husband shall pay a sum of Rs.1,500/- within one month from the date of receipt of records at the Family Court, Kannur. In case the amount is not paid as directed, the Judge, Family Court, shall take appropriate steps for realization of the amount and its payment to the wife. The Tr.P.C.Nos.135, 184 and 185 of 2009 3 Judge, Family Court, shall also consider whether two or more of these cases can be jointly tried so that parties can lead evidence in common which may avoid loss of precious time of the court also. The Judge, Family Court, Kasaragod is directed to transfer O.P.Nos.114 and 91 of 2009 to the Family Court, Kannur, without delay. The Judge, Family Court, Kannur on receipt of the records shall give notice to the parties for appearance. Petitions are disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-