IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Tr.P(C).No. 46 of 2010() ----------------------------------- OPHMA.28/2010 of FAMILY COURT, MALAPPURAM .................... PETITIONER (S) ------------------------- THANOOSHA.P, AGED 25 YEARS, D/O.UNNIKRISHNAN, OTTILLATHU PULAPARAMBIL, "KRISHNA", MANGATU PARAMBU, KIZHAKKEPRAM, NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SMT.K.GIRIJA RESPONDENT(S): ------------------------ 1. GIREESH SANKAR.P.C, AGED 31 YEARS, S/O.DIVAKARAN NAYANAR, "KISHNA KRIPA", KUNNATHU CHAL, ERANJIMANGADU, NILAMBUR.P.O, 679 333 MALAPPURAM DISTRICT, EMPLOYED AS SALES REPRESENTATIVE IN OASIS, MUSCAT, OMAN. 2. DIVAKARAN NAYANAR, AGED ABOUT 62 YEARS, "KISHNA KRIPA", KUNNATHU CHAL, ERANJIMANGADU, NILAMBUR.P.O, MALAPPURAM DISTRICT 679 333. 3. INDIRA NAYANAR, AGED ABOUT 53 YEARS, W/O.DIVAKARAN NAYANAR, "KISHNA KRIPA", KUNNATHU CHAL, ERANJIMANGADU, NILAMBUR.P.O, MALAPPURAM DISTRICT 679 333 R1 TO R3 BY ADVS. MR.SHAJI P.CHALY, MR.P.K.RAVI KRISHNAN. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P. BHAVADASAN, J --------------------------- T.P.C.No.46 OF 2010 ----------------------------------- Dated this the 7th day of April, 2010 O R D E R This is a petition filed under section 24 of Cr.P.C. Seeking transfer of O.P.28/2010 pending before the Family Court, Malappuram to Family Court, Ernakulam. 2. The marriage between the petitioner and the first respondent was solemnized o 17.4.2009 at North Paravur. Several allegations were made in the petition which are not necessary to be referred to for the present purpose. Respondent seems to have filed a petition, O.P.28/10 before the Family Court, Malappuram seeking a decree of nullity of marriage. In the mean while, the petitioner had filed O.P.180/2010 before the Family Court, Ernakulam for return of articles given at the time of marriage. Petitioner points out that it is extremely difficult for her to contest the case T.C.P. No.46/10 2 before Family Court, Malappuram. There is nobody to accompany her and she has to incur huge expenses. It will be convenient if the O.P pending before the Family court, Malappuram is transferred to Family Court, Ernakulam. It is stated that it is just and proper both the cases are tried by the same court and hence transfer is sought for. 3. The learned counsel appearing for the respondent pointed out that he is residing at Malappuram and he has to travel a long distance to reach Ernakulam. It is suggested that both the cases may be tried by the Family Court, Thrissur. 4. The respondent has to travel same distance, since O.P.180/10 is pending before the Family Court, Ernakulam. It is only just and proper that both the petitions are tried by the same court. Considering these facts, I find the request made by the petitioner is reasonable. T.C.P. No.46/10 3 In the result, petition is allowed. O.P.28/10 pending before the family court, Malappuram shall stand transferred to Family Court, Ernakulam. Parties shall appear before Family Court, Ernakulam on 16.6.2010. P. BHAVADASAN, JUDGE. Sou.