IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Tr.P(C).No. 35 of 2008() ------------------------ OPHMA.675/2007 of FAMILY COURT, THIRUVALLA .................... PETITIONER : ----------------- ANUPAMA M.RAVEENDRAN, AGED 31 YEARS, D/O.RAVEENDRAN, MATTATHIL HOUSE, MOOLAMATTOM KARA, NATTAKAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: ------------- 1. AJAYAKUMAR, AGED 35 YEARS, S/O.BASKARAN, NEDUMPARAMBIL, PEROOR HOUSE, PALIYEKKARA P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 2. BHASKARAN, NEDUMPARAMBIL, PEROOR HOUSE, PALIYEKKARA P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. 3. JAGADAMMA, W/O.BHASKARAN, NEDUMPARAMBIL, PEROOR HOUSE, PALIYEKKARA P.O., THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 311/08 IN Tr.P.C 35/08 DISMISSED 4.2.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- Tr.P.C. NO. 35 OF 2008 --------------------- Dated this the 4thday of February, 2008 ORDER This transfer petition is filed with a direction to withdraw OPHMA 675/07 from the Family Court, Thiruvalla and transfer the same to the Family Court, Kottayam to try along with OP 891/07. 2. A perusal of the transfer petition would revel that earlier the wife had filed a petition for restitution of conjugal rights as well as one for maintenance. The petition for restitution of conjugal rights has been decreed. Since the husband does not resume cohabitation, she has to file another OP for return of money, gold ornaments etc. In the meanwhile the husband had filed OP 675/07 for divorce. It is submitted that the wife is helpless and she is unable to travel to Thiruvalla alone and therefore requested for transfer of the petition for divorce to the Family Court, Kottayam. Since all the earlier proceedings are pending before the Family Court, Kottayam, it is only just that this case is also transferred. Therefore OP 675/07 on the file of the Family Court, Thiruvalla is transferred to the Family Court, Kottayam to be tried along with OP 891/07 pending before that court. The Family Court, Thiruvalla, is directed to inform the petitioner in the divorce petition about the factum of transfer. M.N.KRISHNAN, JUDGE vps