IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 RP.No. 368 of 2011() -------------------- AGAINST THE ORDER IN TPC.315/2010 OF THIS COURT .................... REVIEW PETITIONER(S): RESPONDENT: --------------------------------- FATHIMA, 23 YEARS, D/O.SHAKEELA, AL FATHIMA MANZIL, VADAKKEVILA P.O., KOLLAM. BY ADV. SMT.MINI GANGADHARAN RESPONDENT(S): WIFE AND SISTER OF THE PETITIONER(DIED): -------------------------------------------------------- 1. NISHAD (LATE), S/O.LATE A.M.NAZEER, NISHAD MANSIL, ADOOR KOONAM P.O., TRIVANDRUM-695 584. 2. NADIRA, 60 YEARS, W/O.LATE A.M.NAZEER, NISHAD MANSIL, ADOORKOONAM P.O., TRIVANDRUM-695 584. 3. NISHA, D/O.NADIRA, NISHAD MANSIL, ADOORKOONAM P.O., TRIVANDRUM-695 584. ADV. SHRI A.AHZAR FOR R2 AND R3 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP NO.368/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-A1 COPY OF OP NO.891/2010 ON THE FILE OF FAMILY COURT, KOLLAM ANNEXURE-A2 COPY OF DEATH CERTIFICATE OF THE PETITIONER IN TR.P(C) NO.315/2010. //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- Review Petition No.368 of 2011 in Tr.P.(C) No.315 of 2010 -------------------------------------- Dated this the 14th day of July, 2011. ORDER Adv. A.Ahzar takes notice for respondents 2 and 3. 2. This application is filed for review of the order dated December 9, 2010 in Tr.P.(C) No.315 of 2010. That petition was filed by the husband of review petitioner seeking transfer of O.P.No.891 of 2010 from Family Court, Kollam to Family Court, Thiruvananthapuram on the ground of his acute illness. That petition was allowed by order dated December 9, 2010 in view of the illness of husband of review petitioner. Later, husband of review petitioner expired. Thereafter the wife has filed this application for review of the order in Tr.P.(C) No.315 of 2010 impleading the mother and sister of her husband who are also respondents in O.P.No.891 of 2010, as additional respondents 2 and 3. It is stated that transfer was ordered on the only ground of illness of the husband who is no more and hence the reason for transfer does not exist. It is also pointed out that mother and sister of the deceased husband were not parties in Tr.P.(C) No.315 of 2010. Learned counsel for respondents 2 and 3 opposed the request for review. Review Petition No.368 of 2011 in Tr.P.(C) No.315 of 2010 2 3. I have gone through the order in Tr.P.(C) No.315 of 2010 and find that the only reason for ordering transfer of the case from Family Court, Kollam to Family Court, Thiruvananthapuram was illness of the husband of review petitioner. Unfortunately, he is no more. Hence the ground stated for transfer is non-existent. In the circumstances I am inclined to allow this petition. Resultantly this petition is allowed. Order dated December 9, 2010 in Tr.P.(C) No.315 of 2010 is reviewed. THOMAS P.JOSEPH, Judge. cks