IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Tr.P(C).No. 112 of 2011 -------------------------------- OS.221/2009 of PRINCIPAL SUB COURT,ATTINGAL .................... PETITIONERS : - ------------------------- 1. V.SREEVIDYA, AGED 36 YEARS, D/O. VIJAYAMMA, 'UTHRAM', PANAYAMCHERRY MURI, ANCHAL, KOLLAM DISTRICT. 2. VASUKUTTAN NAIR, AGED 70 YEARS, 'UTHRAM', PANAYAMCHERRY MURI, ANCHAL, KOLLAM DISTRICT. 3. VIJAYAMMA, AGED 61 YEARS, W/O. VASUKUTTAN NAIR, 'UTHRAM', PANAYAMCHERRY MURI ANCHAL, KOLLAM DISTRICT. BY ADVS. SRI.K.V.ANIL KUMAR SRI.AJITH MURALI RESPONDENT : - ------------------------ S.SATHYASEELAN, S/O. SUKUMARAN, ALUMKUZHI VEEDU, KAMUKINKUZHI, THOLIKUZHI (P.O.), PULIMATHU, THIRUVANANTHAPURAM DISTRICT - 695 612. BY ADVS. SRI.P.RAVEENDRAN PILLAI SMT.INDIRA RAVEENDRAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 112 of 2011 APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A : COPY OF THE ORDER DATED 12.06.2008 OF THE FAMILY COURT, NEDUMANGADU. ANNEXURE B : COPY OF THE O.S. 221 / 2009 ON THE FILE OF THE SUB COURT, ATTINGAL. ANNEXURE C : COPY OF THE COMPLAINT DATED 28.03.2009 FILED BY THE 2nd PETITIONER. ANNEXURE D : COPY OF THE MEDICAL CERTIFICATE OF THE 2nd PETITIONER DATED 06.07.2009. ANNEXURE E : COPY OF THE MEDICAL CERTIFICATE OF THE 3rd PETITIONER DATED 13.08.2009. ANNEXURE F : COPY OF THE COMPLAINT DATED “NIL” FILED BY THE PETITIONERS. RESPONDENT'S ANNEXURES: NIL. TRUE COPY P.A. TO JUDGE DMR/- THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.112 of 2011 --------------------------------------- Dated this 28th day of November, 2011 ORDER Petitioners are the defendants in O.S.No.221 of 2009 of the Court of learned Sub Judge, Attingal. Their request is to transfer that case to the sub Court, Kottarakkara. 2. O.S.No.221 of 2009 is filed by the respondent for recovery of money, gold ornaments etc. Respondent had married the first petitioner, according to the latter on the impression given to him that first petitioner is unmarried. Later, respondent learned that first petitioner was married to one Nandakumar and two children are born in that wedlock. Respondent filed O.P (H.M.A).No.1488 of 2008 before the Family Court, Nedumangad for return of gold ornaments, money, etc. Later the Family Court, returned the plaint to the respondent to be presented in the Civil Court in view of the plea taken by the respondent that there is no valid marriage between him and the first petitioner. Respondent presented the plaint in the Sub Court, Attingal where it was numbered as O.S.No.221 of 2009. Prayer in this petition is to transfer that case to the Sub Court, Kottarakkara. According to the petitioners, respondent is harassing petitioners when they Tr.P(C).No.112 of 2011 -: 2 :- are attending the Family Court, Attingal. 3. Learned counsel has submitted that apart from the above, petitioners have to travel a long distance from their place of residence at Anchal to Attingal. It causes much inconvenience to the petitioners. 4. Learned counsel for respondent disputed the allegations in the petition and contended that no material is produced to show that respondent ever harassed any of petitioners. 5. I am not going into the allegation regarding respondent allegedly harassing petitioners. Proceedings were initiated before the Family Court, Nedumangad. It is later that the plaint was returned and it was presented before learned Sub Judge, Attingal. It is seen that petitioners are residing at Anchal which is far away from Attingal. Having heard learned counsel, I am inclined to think that the hardship can be reduced by directing the suit be transferred to the Sub court, Kollam. That will not cause much inconvenience to the respondent also. Resultantly this petition is allowed as follows: (i) O.S.No.221 of 2009 pending in the Sub Court, Attingal is withdrawn from that court and made over to the Court of Principal Sub Judge, Tr.P(C).No.112 of 2011 -: 3 :- Kollam. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (THOMAS P. JOSEPH, JUDGE) Sbna/-