IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Tr.P(C).No.226 of 2008 --------------------------- OP.576/2008 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER --------------- BINOYMOL, AGED 29 YEARS, D/O. SHAMSUDHEEN, MATTATHUKIZHAKKETHIL, PARACKODE MURI, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS/RESPONDENTS ------------------------------------ 1. SHAJAHAN, AGED 38 YEARS, S/O. ABDUL KARIM RAWTHER, EDAPPURAKIZHAKKETHIL, NADUTHERI, ERATHU VADAKKU MURI,PATTAZHI VILLAGE, KOLLAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI.RAVINDRA BABU SRI. K.SHAJ FOR R1 SRI.SAJJU.S FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Tr. P.C. No.226 of 2008 ------------------------------------------------ Dated this the 17th day of November, 2008 ORDER The petitioner/wife is the respondent in O.P.576/08 pending on the file of the Family Court, Kottarakkara. She seeks for a transfer of the said case to the Family Court, Thiruvalla. The transfer petition is vehemently opposed by the counsel for the first respondent on the ground that the respondent is having back pain and disc problem and if the case is at Kottarakkara, he need to travel only 10 kilometres whereas if it is transfered to Thiruvalla he may have to travel about 56 kilometres. The distance mentioned etc. are refuted by the counsel for the petitioner. However, the fact remains that the petitioner has filed O.P.578/06 before the Family Court, Thiruvalla for realisation of money and for return of gold ornaments against Tr. P.C. No.226 of 2008 -2- the respondent/husband and has also filed M.C.224/06 on her own behalf and on behalf of minor children born to her through the first respondent. It is submitted that both the above cases are already decreed and that the first respondent has filed petitions to set aside order passed ex parte in both the above proceedings. This means that the first respondent has to appear before the Family Court, Thiruvalla for the aforesaid two cases. The counsel for the respondent has no case that he is not appearing before the Thiruvalla court on account of illness or any disability. It is only proper in the circumstances that to convenience the petitioner/wife, O.P.576/08 filed by the first respondent before the Family Court, Kottarakkara is transferred to the Family Court, Thiruvalla. In the result, I order that O.P.576/08 pending on the file of the Family Court, Tr. P.C. No.226 of 2008 -3- Kottarakkara be transferred to the Family Court, Thiruvalla. K.P.BALACHANDRAN, JUDGE kns/-