IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 Tr.P(C).No. 395 of 2010() ------------------------------- OP.1046/2010 of FAMILY COURT,KOZHIKODE .................... RESPONDENTS/RESPONDENTS ------------------------------------ 1. MINI, D/O.SIVARAMAN, AGED 30 YEARS, SREEJA NIVAS, KATTILANGADI THERU, TANUR POST-676302, MALAPPURAM DISTRICT. 2. SIVARAMAN, S/O.VELAUDHAN, AGED 66 YEARS, -DO-. BY ADVS. SRI.K.P.SUDHEER SMT.M.SINDHU THANKAM RESPONDENT(S): PETITIONER ------------------------------------ SUDHEER KUMAR, S/O.KELUKUTTY, AGED 37 YEARS, PANANGOTTU HOUSE, KARUVISSERI P.O.-673010, KOZHIKODE DISTRICT. R1 BY ADV. SRI.P.RAVINDRA NATH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs K.T.SANKARAN, J. ------------------------------ Tr.P.(C) No.395 OF 2010 ------------------------------ Dated this the 1 st day of March, 2011 ORDER The first petitioner is the wife of the respondent. The second petitioner is the father of the first petitioner. The first petitioner filed OP No.840 of 2010 before the Family Court, Malappuram against the respondent for restitution of conjugal rights. The respondent filed OP No.1046 of 2010 before the Family Court, Kozhikode for declaring that the marriage is null and void. In that case, the second petitioner was also made a party. Both the cases are pending. The prayer of the petitioners is to transfer OP No.1046 of 2010 pending before the Family Court, Kozhikode to the Family Court,Malappuram where OP No.840 of 2010 is pending. 2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for Tr.P.(C) No.395 OF 2010 2 the respondent. 3. The petitioners belong to Thanur in Malappuram District. The respondent belongs to Kozhikode. It is stated that the first petitioner has no job. It is also stated that the second petitioner is aged more than 66 years and he is not in a position to travel from Thanur to Kozhikode. The petitioners stated that if both the cases are tried by the Family Court, Malappuram, those cases could be taken up in the camp sitting of the Family Court, Malappuram at Parappanangadi or Tirur, so that it would be ideal for both parties to attend such camp sitting. 4. Taking into account the facts and circumstances of the case, I am of the view that the Transfer Petition is liable to be allowed. Accordingly, the Transfer Petition is allowed. OP No.1046 of 2010 Family Court, Kozhikode shall Tr.P.(C) No.395 OF 2010 3 stand transferred to the Family Court, Malappuram where OP No.840 of 2010 is pending. The Family Court, Malappuram shall post the aforesaid cases in its camp sitting at Parappanangadi, so that both the parties could conveniently appear before the Family Court. K.T.SANKARAN, JUDGE. cms