IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 Tr.P(C).No. 290 of 2010() ------------------------- OP.1521/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONER/RESPONDENT IN OP.NO.1521/2010: ------------------------------------------------------------------------ MANJU, AGED 25 YEARS, D/O.NARAYANAN NAIR AND W/O.JAYAN, RESIDING AT MACHATT HOUSE, PERUMPILASSERY P.O., CHERPU, THRISSUR DISTRICT. BY ADVS. SRI.P.SANJAY, SMT.A.PARVATHI MENON, SRI.BIJU MEENATTOOR. RESPONDENT(S): PETITIONER IN O.P.1521/2010: ------------------------------------------------------------------------- JAYAN, AGED 32 YEARS, S/O.PEETHAMBARAN, ELAMTHURUTHIL HOUSE, MALA, KUZHOOR P.O., PRESENTLY RESIDING AT F3 MULLACKAL PALACE, VADAKEKOTTAVATHIL, THRIPUNITHURA P.O., PIN-682 301, ERNAKULAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. ------------------------------ Tr.P(C).No.290 OF 2010 ------------------------------ Dated this the 21 st day of January, 2011 ORDER The petitioner prays for transfer of OP No.1521 of 2010 pending before the Family Court, Ernakulam to the Family Court, Thrissur where M.C.No.151 of 2010 is pending. 2. The petitioner as well as the respondent belong to Thrissur. The marriage was solemnized at Thrissur. It is stated that the respondent is employed in Kuwait. M.C.No.151 of 2010 was filed by the petitioner before the Family Court, Thrissur claiming maintenance from the respondent. OP No.1521 of 2010 was filed by the respondent/husband before the Family Court, Ernakulam for divorce. Both these proceedings are pending. It is stated that the petitioner has to maintain a child who is aged below one year. 3. Evidently, two proceedings are pending. One before the Family Court, Thrissur and the other before Tr.P(C).No.290 OF 2010 2 the Family Court, Ernakulam. The respondent is employed in Kuwait. It is stated that he comes to India after every 28 days of work in Kuwait. For the respondent, it does not matter whether the cases are tried by the Family Court, Thrissur or the Family Court, Ernakulam. According to the petitioner, she would not be in a position to appear before the Family Court, Ernakulam and it is highly necessary to transfer the case to the Family Court, Thrissur. 4. Taking into account the facts and circumstances of the case, the Transfer Petition is allowed. O.P.No. 1521 of 2010 pending before the Family Court, Ernakulam shall stand transferred to the Family Court, Thrissur where M.C.No.151 of 2010 between the parties is pending. The Family Court, Ernakulam shall transmit the records to the Family Court, Thrissur. The Transfer Petition is allowed as above. K.T.SANKARAN, JUDGE. cms