IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Tr.P(C).No. 315 of 2010() ------------------------- OP.891/2010 of FAMILY COURT,KOLLAM .................... PETITIONER ------------------------------ NISHAD (DEAD), AGED 33, S/O.LATE A.M.NAZEER, NISHAD MANZIL, ANDOORKONAM.P.O., TRIVANDRUM-695001. BY ADV. SRI.A.AHZAR RESPONDENT(S): --------------- FATHIMA, D/O.SHAKEELA, AL FATHIMA MANZIL, VADAKKEVILA.P.O., KOLLAM-691001. BY ADV. SMT.MINI GANGADHARAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.PC NO.315/2010 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE-A 1 TRUE COPY OF THE LETTER ISSUED FROM RCC TRIVANDRUM ANNEXURE-A2 TRUE COPY OF LETTER ISSUED FROM SUDIKE MEMORIAL HOSPITAL ANNEXURE-A3 TRUE COPY O THE PHOTOGRAPH ANNEXURE-A4 TRUE COPY OF THE ORIGINAL PETITION ANNEXURE-A5 TRUE COPY OF THE ATTACHMENT PETITION //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.315 of 2010 -------------------------------------- Dated this the 19th day of July, 2011. ORDER This transfer petition was allowed as per order dated December 9, 2010 and the case pending in Family Court, Kollam was transferred to Family Court, Thiruvananthapuram taking into account the acute illness of petitioner who was suffering from cancer. Later, petitioner died. Thereon, respondent filed R.P.No.368 of 2011 impleading other respondents in O.P.No.891 of 2010 who are the mother and sister of deceased petitioner, for review of the order dated December 9, 2010 on the ground that the transfer was allowed for the sole reason of illness of petitioner who is now no more and hence the case may be re-transmitted to the Family Court, Kollam. Having regard to the circumstances stated the review petition was allowed. 2. Petitioner in this transfer petition is no more and none of the other respondents in O.P.No.891 of 2010 (the mother and sister of the deceased petitioner) have come on record in this petition. If that be so, this transfer petition has to fail. Moreover, the only ground on which I allowed transfer of O.P.No.891 of 2010 from Family Court, Kollam to Family Court, Thiruvananthapuram was the illness of petitioner who unfortunately is now no more and hence the ground for transfer is non-existent. Since I am dismissing the transfer petition in the above Tr.P(C) No.315/2010 2 circumstances, it is necessary that the case already transferred from Family Court, Kollam to Family Court, Thiruvananthapuram is to be re-transferred to the Family Court, Kollam. Resultantly this transfer petition is dismissed. But, Family Court, Thiruvananthapuram is directed to re-transmit O.P.No.891 of 2010 (of Family Court, Kollam) with records to Family Court, Kollam for trial and disposal with due intimation to the counsel on both sides about date of appearance in Family Court, Kollam. It is made clear that the surviving respondents in O.P.No.891 of 2010 need appear in Family Court, Kollam only when their physical presence is required and on other occasions, they can appear through counsel. Family Court, Kollam is directed to expedite trial and disposal of O.P.No.891 of 2010. I.A.No.2559 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks