IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Tr.P(C).No. 206 of 2008() ------------------------------------- (AGAINST O.P.320/2008 OF FAMILY COURT, PALAKKAD) PETITIONER: -------------------- USHA DEVI D/O. MEENAKSHI AMMA, PALLATH HOUSE, KUTTIMUKKU, RAMAVARMAPURAM, THRISSUR. BY ADV. SRI.P.K.ANIL RESPONDENT: ----------------------- KRISHNANKUTTY,S/O. KUNJAN NAIR, AKKAYIL ANGOTH HOUSE, KULAPPULLY, SHORNUR, OTTAPPALAM TALUK. BY ADV. SMT.P.K.RADHIKA - R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar,J. ======================= Tr.P(C)No.206 of 2008 ======================= Dated this the 2nd day of September, 2008 O R D E R This petition is filed under section 24 of the Code of Civil Procedure to transfer O.P.320/2008 pending before Family Court, Palakkad to Family Court, Thrissur. That O.P was filed by respondent husband for dissolution of the marriage with the petitioner wife. Petitioner in turn filed O.P.923/2008 before Family Court, Thrissur claiming return of ornaments and the amount from respondent. The case of the petitioner is that she is residing at Ramavarmapuram, Thrissur and it is not possible for her to travel to Family Court, Palakkad and contest the case. As the petition filed by the petitioner is pending before Family Court, Thrissur, the other case also may be transferred to Thrissur. 2. Learned counsel appearing for petitioner and respondent were heard. Tr.P(C) 206/2008 2 3. Learned counsel appearing for respondent opposed the application for transfer contending that respondent is an autorikshaw driver and if the petition is transferred to Thrissur and on each on which posting date he has to travel it will affect his earning capacity and therefore petition may not be transferred. 4. When O.P.923/2008 is pending before Family court, Thrissur, respondent has necessarily to travel to Thrissur to defend that case. In such circumstance, as it is necessary to dispose both the case by the same Judge, petition is allowed. O.P.320/2008 on the file of Family Court, Palakkad is withdrawn and transferred to Family Court, Thrissur. Family Court, Thrissur is directed not to insist for the presence of the parties on each posting date and their presence need be necessitated only for the days on which evidence is to be recorded or conciliation is to be effected. Petition is allowed. M.Sasidharan Nambiar Judge tpl/- Tr.P(C) 206/2008 3 M.SASIDHARAN NAMBIAR, J. --------------------- CRL.R.P.NO. /08 --------------------- ORDER MARCH,2008