IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 Tr.P(C).No. 29 of 2010() ----------------------------------- OP(HMA).1471/2009 of FAMILY COURT, NEDUMANGAD .................... PETITIONER (S) ------------------------ 1. AMBIKA, AGED 45 YEARS, D/O.SUBHASHINI, 'PALAZHI', CHIRAKKARATHAZHA.P.O, KALLUVATHUKKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 2. VISHNU, AGED 22 YEARS, S/O.SURENDRAN, 'PALAZHI', CHIRAKKARATHAZHA.P.O, KALLUVATHUKKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. MR.V.E.ABDUL GAFOOR MR.MOHAMMED SAVAD A. RESPONDENT(S): ------------------------ SURENDRAN, AGED 61 YEARS, S/O.VASU, KOCHADIYIL VEEDU, HARIHARAPURAM.P.O, AYIROOR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT, NOW RESIDING AT 'KARTHIKA', THIRUMULLAVARAM.P.O, KOLLAM-12. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C). No. 29 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2010. ORDER This is a petition filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P.(HMA) 1471 of 2009 from Family Court, Nedumangad to Family court, Kollam for trial and disposal. 2. Petitioners are the respondents in O.P. (HMA) 1471 of 2009 on the file of the Family Court, Nedumangad. Copy of the petition is produced as Annexure A1. In the petition the prayer is to dissolve the marriage between the first petitioner and the respondent dated 22.4.1984 and for recovery of Rs.13,16,500/-. It is stated that the first petitioner has filed O.P. 1347 of 2009 before the Family Court, Kollam seeking reliefs against the respondent herein. Petitioners have entered appearance in the O.P. before the Family Court, Nedumangad and filed their written statement. Tr.P(C).29/2010. 2 3. The marriage between the first petitioner and the respondent took place on 22.4.1984 and the second petitioner is their son. The first petitioner claims to be employed at Quilon and she finds it difficult to attend the frequent postings of the case in the court at Nedumangad. It is also stated that the respondent was infact staying at Kollam and he has now left the house and gone to his parental house. Petitioners say that no prejudice will be caused to the respondent if the matter pending before the Family Court, Nedumangad is transferred to the Family Court, Kollam. 4. Even though the respondent received notice, he had not entered appearance. 5. Petitioners have given reasons as to why they seek transfer from Family court, Nedumangad to Family Court, Kollam. The first petitioner has filed a petition before the Family Court, Kollam, which is pending. The reason given is that the first petitioner finds it difficult to go to Nedumangad frequently to attend the case at Family Court, Tr.P(C).29/2010. 3 Nedumangad seems to be reasonable and there is no reason why the said prayer should not be allowed. In the result, this petition is allowed, O.P.(HMA) 1471 of 2009 pending before the Family Court, Neduamangad shall stand transferred to Family court, Kollam for trial and disposal. P. BHAVADASAN, JUDGE sb.