IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Tr.P(C).No. 146 of 2010() ------------------------- OP.1346/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER -------------------- MOHINDER.M.S. AGED 28 YEARS, S/O. MUTHUKRISHNAN, T.C.11/247, SUBHA NILAYAM, PANAVILA, NALANCHIRA.P.O., THIRUVANANTHAPURAM REP. BY HIS POWER OF ATTORNEY HOLDER, HIS MOTHER SUBHA AGED 49, D/O. SWARNA KUMARI RESIDING AT DO-DO- BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT: --------------- DEEPTI BABU, AGED 25 YEARS, D/O. BABU, ERUMALA HOUSE, KOTHAMANGALAM.P.O., ERNAKULAM DISTRICT, STAYING AT C/O.E.M.BABU, MAJID BUKHATARA BUILDING, MATERIALS L.L.C., GARHOUD, FUDDRUCKERS BUILDING, 2ND FLOOR, P.O.BOX-50897, DUBAI, U.A.E. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.146 of 2010 --------------------------------------- Dated this 26th day of May, 2010 ORDER This petition is filed by the husband for transfer of O.P.No.1346 of 2009 from the Family Court, Ernakulam to the Family Court, Trivandrum. That petition was filed by the respondent/wife for dissolution of marriage. According to the petitioner the Family Court at Ernakulam has no territorial jurisdiction to entertain the petition since parties have not resided together within the local limits of that court. Petitioner therefore wants the case to be transferred to the Family Court, Trivandrum which alone according to him has jurisdiction to entertain the petition. 2. If petitioner has raised or is to raise a contention regarding maintainability of the petition on the ground of lack of territorial jurisdiction it is for the court concerned at the first instance to decided on that issue. Petitioner cannot straight away ask this court to decide the issue of jurisdiction and transfer the case on that ground. Therefore, without prejudice to the right of petitioner to urge all his contentions regarding maintainability of O.P.No.1346 of 2009 before the Family Court, Ernakulam on the Tr.P.C.No.146 of 2010 : 2 : ground of lack of territorial jurisdiction and directing the learned Judge to consider that objection if properly raised, this petition is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-