IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Tr.P(C).No.248 of 2007 --------------------------- OP.805/2006 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER/RESPONDENT --------------------------------- NAZIMA BEEVI, AGED 32 YEARS, DAUGHTER OF MOHAMMED BASHEER, HAVING ADDRESS AT POYKAYIL PUTHEN VEEDU, KALLAMBALAM P.O. NAVAIKULAM DESAM, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DIST. BY ADV. SMT.K.KUSUMAM RESPONDENT/PETITIONER: -------------------------------- HASMA, AGED 40 YEARS, S/O YUNIS MOULAVI, SAYID MANZIL, KALLUVETANKUZHI, NILAMEL P.O., NILAMEL DESAM, NILAMEL VILLAGE, KOTTARAKARA TALUK, KOLLAM DIST. [PRESENTLY EMPLOYED AT RIYAD, P.B. NO.153214, RIYAD-11716, KINGDOM OF SAUDI ARABIA] ADV. SRI.ANCHAL C.VIJAYAN FOR R1 SMT.MINI.S.DAS FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2008, ALONG WITH TPC NO.249 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Tr. P.C Nos.248 and 249 of 2007 ------------------------------------------------ Dated this the 14th day of November, 2008 ORDER The petitioners in both these transfer petitions are the wife and children of the respondent. They seek to get transfer from the Family Court, Kottarakkara respectively O.P. 805/06 and O.S.463/05 to the Family Court, Thiruvananthapuram. The transfer is opposed by the respondent. 2. Heard counsel on both sides. 3. According to the petitioners they were having their residence at the house of the first respondent namely “Sayid Manzil” at Kalluvettankuzhi in Nilamel village, Kottarakkara and that building was destroyed by the mother-in-law, sister-in-law and another relative as also a few others pursuant to filing of case in the Family Court and in relation to that occurrence Crime No.365/06 Tr. P.C Nos.248 and 249 of 2007 -2- was registered at the Chadayamangalm Police Station as evidenced by Annexure-A2; that after demolition of the said house they are now residing at Kallambalam at the first petitioner's sister's house; that the petitioners are penniless and are unable to travel for the cases from Kallambalam to Kottarakkara; that the petitioners 2 and 3 are minor daughters of the first petitioner and the respondent and are having their studies presently at Kallambalam; and that the first petitioner will find it difficult to attend the Family Court, Kottarakkara to reach where she will have to board three buses and the distance is about 75 kilometres whereas the distance to Family Court, Thiruvananthapuram from Kallambalam is only 35 kilometres and is easily accessible by a single bus and there are ever so many services from Kollam to Thiruvananthapuram via Kallambalam being Tr. P.C Nos.248 and 249 of 2007 -3- national highway and that to redress the difficulties that is being experienced by the petitioners the case has to be transferred to Family Court, Thiruvananthapuram. 4. According to counsel for the respondent, the distance from Kallambalam to Kottarakkara along the shortest route will be only 35 kilometres though the petitioner may have to travel from Kallambalam to Parippally and from there she will have to board into another bus proceeding to Kottarakkara. According to the counsel for the petitioners, buses are not easily available along that route. 5. Having considered the submissions of counsel on both sides, I am of the view that to suit the convenience of the petitioners who are the wife and children of the respondent both the cases viz. O.P.805/06 and O.S.463/05 pending before the Family Court, Kottarakkara Tr. P.C Nos.248 and 249 of 2007 -4- deserve to be transferred to Family Court, Thiruvananthapuram. 6. In the result, I order that O.P.805/06 and O.S.463/05 pending before the Family Court, Kottarakkara shall stand transferred to Family Court, Thiruvananthapuram. As both sides want a disposal of the two suits expeditiously, the Family Court, Thiruvananthapuram is directed to expedite the trial of both the cases. 7. Both these Transfer Petitions are disposed of as above. K.P.BALACHANDRAN, JUDGE kns/-