IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Tr.P(C).No. 27 of 2011() ------------------------ OP.1927/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONERS: ---------------------- 1. LEKHA THOMAS, W/O.JERRY @ THOMAS PHILIP, THAYYIL HOUSE, T.C.34/330, GVRRA (95) SHANGUMUGHAM P.O., THIRUVANANTHAPURAM DISTRICT. 2. EDWIN THOMAS, AGED 6 YEARS, S/O.JERRY @ THOMAS PHILIP, THAYYIL HOUSE, T.C.34/330, GVRRA (95), SHANGUMUHGHAM P.O., THIRUVANANTHAPURAM DISTRICT. (MINOR) REPRESENTED BY HIS MOTHER LEKHA THOMAS. 3. ELNA THOMAS, AGED 2 ¾ YEARS, D/O.LEKHA THOMAS, THAYYIL HOUSE, T.C.34/330, GVRRA (95), SHANGUMUGHAM P.O., THIRUVANANTHAPURAM DISTRICT (MINOR) REPRESENTED BY HER MOTHER LEKHA THOMAS. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): ------------------------------- JERRY @ THOMAS PHILIP, S/O.MRS.SYSY PHILIPOSE, KALATHIL HOUSE, KUZHIYARA P.O., CHOTTANIKKARA, ERNAKULAM DISTRICT. BY ADVS. SMT.T.S.MAYA (THIYADIL), SMT.PRINCY XAVIER. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- TP(C) No.27 of 2011 ------------------------------------- Dated this the 21st day of March 2011 Judgment The petitioner seeks to have OP No.1927/10 pending before the Family Court, Ernakulam transferred to Family Court, Thiruvananthapuram for disposal along with other petitions pending before the said court. The facts absolutely essential for the disposal of this petition are as follows : 2. The marriage between the first petitioner and the respondent was solemnized on 06.01.2003 and they have two children in the wedlock. Several facts are mentioned about their marital life, which are not very relevant for the present purpose. Suffice to say that the first petitioner filed a petition before the Family Court, Thiruvananthapuram as OP No.1139/10 seeking a decree for divorce and for other reliefs. Annexure I is the copy of the said petition. While so, the respondent filed OP Nos.1927 and 1928 of 2010 seeking custody of the minor TPC27/11 2 children and for restitution of conjugal rights. Copies of those petitions are Annexures II and III. The petitioner would say that she is unemployed and has to look after her aged mother and two minor children and so, she finds it difficult to travel from Thiruvananthapuram to Ernakulam on each posting date of the cases. She has to spend huge expenses for the purpose of attending the cases on various posting dates at Ernakulam. Therefore, it is prayed that OP Nos.1927 and 1928 of 2010 pending before the Family Court, Ernakulam may be transferred to Family Court, Thiruvananthapuram. 3. The learned counsel for the respondent entered appearance and submitted that he must not be harassed by the first petitioner. 4. This court is given to understand that OP No.1928/10 filed by the respondent before the Family Court, Ernakulam has already been transferred to the Family Court, Thiruvanthapuram. If that be so, there is no reason as to why the other petition is also not transferred to TPC27/11 3 the said court. In the result, there will be a direction to the Family Court, Ernakulam to transfer OP NO.1927/10 to the Family Court, Thiruvananthapuram as expeditiously as possible. The OP(C) is disposed of as above. P.Bhavadasan, Judge sta TPC27/11 4