IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Tr.P(Crl.).No. 2 of 2011() -------------------------- OP.761/2010 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER(S): ---------------------- G.SADASIVAN PILLAI, AGED 62 YEARS, S/O.GOPALA PILLAI, CHARUVILAPUTHEN VEEDU, ELAMADU P.O., AYOOR, KOLLAM-691 539. BY ADVS. SMT.CELINE JOSEPH SMT.S.SHEEJA KUMARY(AYOOR) RESPONDENT(S): ------------------------ DHANYA KRISHNAN, AGED 23 YEARS, D/O GOPALAKRISHNA PILLAI, DHANYA MANDIRAM, ELAMADU P.O., AMBALAMMUKKU, KOLLAM-691 539. BY ADV. SRI. RAMESH VIJAYAN THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JV TPCR NO: 2/2011 APPENDIX PETITIONER'S ANNEXURE(S): ANNEXURE I. COPY OF M.C.NO: 20/2010 ANNEXURE II. COPY OF THE NOTICE IN O.P. NO: 761/2010 RESPONDENT'S ANNEXURE(S): NIL /TRUE COPY/ P.A. TO JUDGE JV N.K.BALAKRISHNAN, J. -------------------------------- Tr.P.(Crl). No.2 of 2011 --------------------------------- Dated this the 22nd day of November 2011 O R D E R The respondent wife filed one petition before the Family Court, Kottarakara for maintenance to herself and her child. That is pending there as M.C.No.20/2010. She has also filed O.P.No.761/2010 before the Family Court, Kollam. That petition is for recovery of gold ornaments. It is submitted by the learned counsel for the petitioner that the father, who is the Power of Attorney Holder of Jayakumar.S. (husband of respondent), is conducting both cases. The petitioner who is an aged person finds it difficult to appear before both courts. His request is to transfer the case pending before the Family Court, Kottarakara to Family Court, Kollam. Since the maintenance case is pending before Family Court, Kottarakara, it is just and proper that the O.P.No.761/2010 which is now pending before Family Court, Kollam is transferred to Family Court, Kottarakara. Tr.P.(Crl). No.2 of 2011 -: 2 :- 2. It is also submitted by the learned counsel for the petitioner herein that the petitioner has filed two more cases, O.P.No.470/2011 for divorce and O.P.No.472/2011 for return of money and gold against the respondent and those two cases are pending before Family Court, Kollam. The fact that the petitioner is appearing in those cases before the Family Court, Kollam is not a reason to transfer respondent’s case from Kottarakara to Kollam. As the petition for maintenance is filed before the Family Court, Kottarakara, it is only just and proper that O.P.No.761/2010 which is now pending before the Family Court, Kollam is transferred to Family Court, Kottarakara. This Tr.P.(Crl) is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt