IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Tr.P(C).No. 331 of 2009() ------------------------- OP.933/2009 of FAMILY COURT,KOZHIKODE .................... PETITIONER: ---------------------- SHEEBA.P.C,D/O.P.T.CHACKO,PANAMOOTTIL HOUSE,PANTHALOOR HILLS.P.O,MALAPPURAM. BY ADVS. MR.SIBY MATHEW, MR.PHILIP J.VETTICKATTU. RESPONDENT(S): --------------------------- SUNIL MATHEW,S/O.MATHEW,VAZHAMPLACKAL VEEDU,CHIPPILITHODU,ADIVARAM POST, THAMARASSERY. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Tr.P.C.No.331 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 2nd day of March, 2010 O R D E R This is a petition filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P.No.933 of 2009 pending before the Family Court, Kozhikode to the Family Court, Malappuram to be tried along with O.P. No.577 of 2007 and M.C. No.629 of 2007 pending before that court. 2. Petitioner is the sole respondent in O.P. No.933 of 2009 on the file of the Family Court, Kozhikode. That has been filed by the respondent/husband under section 10(ix) of the Indian Divorce Act and section 7(1) Empln.(a) of the Family Court Act for divorce. Marriage between the petitioner and the respondent was solemnized on 28-6-1999 at St.Thomas Roman Catholic Church, Myladupara. A child by name Renjith was born to the couple. The petitioner would say that divorce petition has been instituted on false allegations. Since the respondent Tr.P.C. 331/09 2 was not taking care of her and her child, they instituted petition for maintenance and return of ornaments. 3. According to the petitioner, she is residing within the jurisdictin of the Family Court, Malappuram and the continuance of the case at Kozhikode will cause considerable inconvenience to her. It is pointed out that it is convenient for all the parties to attend the Family Court, Malappuram, where petition filed by her are pending decision. 4. Even though notice was served on the respondent, he was not entered appearance. 5. In the above facts, it is not necessary to go into detail for dispose of this petition. 6. Considering the averments made in the petition, it is felt that the prayer made is just and reasonable. 7. In the result, this petition is allowed and O.P. No.933 of 2009 pending before the Family Court, Kozhikode is transferred to Family Court, Malappuram to be tried along with O.P. No.577 of 2007 and M.C. No.629 of 2007. P.BHAVADASAN, JUDGE. mn.