IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 RP.No. 444 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN TPC.41/2008 Dated 19/03/2008 .................... REVIEW PETITIONER/1ST RESPONDENT. ------------------------------- SAIJU GAFOOR, AGED 27 YEARS, S/O. ABDUL GAFOOR, KOPPRAPURA HOUSE, MADANVILA, PERUMATHURA P.O., AZHOOR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.ANIL RESPONDENTS: PETITIONER & RESPONDENTS 2 & 3. ---------------------- 1. SHIFANA OOBAID, AGED 18 YEARS, D/O. OOBAID, 7-4, ARAAFATH, A.C.CITY, GOLD, ST. JAMES ROAD, THAIKOODAM, VYTTILA, KOCHI - 19. 2. SHIYAS ALI, AGED 45 YEARS, SHANU VILLA, PALLINADA, CHITTATTUMUKKU P.O., KANIYAPURAM. 3. SHAHEER ALI, AGED 42 YEARS, SHANU VILLA, PALLINADA, CHITTATTUKUKKU P.O., KANIYAPURAM. BY BY ADV. SRI.P.GOPAKUMARAN NAIR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/04/2008, ALONG WITH RP NO. 445 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P. Nos. 444 & 445 of 2008 in Tr.P.C. NOs. 41 & 42 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of April, 2008. J U D G M E N T These review petitions are filed against the order passed in Tr.P.C.41/08 and 42/08 of this Court. By the orders in those cases I had transferred O.P. Nos.68/08 and 70/08 pending before the Family Court, Nedumangad to the Family Court, Ernakulam for trial and disposal. The Transfer petition was filed on the ground that the wife has filed O.P.43/08 before the Family Court, Ernakulam for declaration of the marriage as null and void and that the consent has been obtained by fraud. Now, the learned counsel for the review petitioner would submit he wants to raise the contention that the Family Court at Ernakulam does not have jurisdiction to try that case and that his apprehension is by transferring the other two cases he may loose that ground R.P. Nos. 444 & 445 of 2008 in Tr.P.C. NOs. 41 & 42 OF 2008 -:2:- before the Family Court. I make it clear that the revision petitioner herein is permitted to raise the question of jurisdiction of the Family Court, Ernakulam and if ultimately that Court holds that the Family Court, Ernakulam does not have jurisdiction to try O.P.43/08 then the parties are at liberty to move this Court again for retransfer of the cases to some other Court. With this clarification the review petitions are disposed of. M.N. KRISHNAN, JUDGE. ul/-