IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 TR.P(C).NO. 220 OF 2010() --------------------------------------- MC.228/2009 OF FAMILY COURT, THIRUVALLA .................... PETITIONER: ---------------------- PRASOBHAN NAIR, DILEEP BHAVAN, VELLANAD P.O., ARUVIKKARA, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SRI.P.V.VARGHESE SMT.LIGEY ANTONY RESPONDENT(S): --------------------------- 1. ASWATHY S.B., NAKKOLAKKAL PADINJATTETHIL (POURNAMIYIL) VAZHAMUTTOM EAST P.O., KOZHENCHERRY – 689 646. 2. GAYATRI PRASOBH, NAKKOLAKKAL PADINJATTETHIL (POURNAMIYIL) VAZHAMUTTOM EAST P.O., KOZHENCHERY - 689 646. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.220 of 2010 ==================================== Dated this the 15th day of July, 2010 O R D E R This petition is for transfer of M.C. No.228 of 2009 from the Camp Court of Family Court, Thiruvalla at Pathanamthitta to the Principal Bench at Thiruvalla. Petitioner-husband states that if the case is taken up at Camp Court at Pathanamthitta, respondent No.1 and her men will not allow him to appear in that Camp Court and give evidence. According to the petitioner attempt of respondent No.1 is to get an ex parte order for maintenance. Learned counsel states that evidence of respondent No.1 has already been recorded in the Camp Court at Pathanamthitta and that if not the case is transferred to the Principal Bench at Thiruvalla, it is sufficient that recording of evidence of petitioner is conducted at the Principal Bench at Thiruvalla. 2. Reliefs prayed for as above can be granted by the Family Court itself. There is no reason why this Court should interfere invoking the power under Section 24 of the Code of Civil Procedure. I make it clear that it will be open to the petitioner to make an application to the Family Court concerned for transfer Tr.P(C) No.220 of 2010 -: 2 :- of the case to the Principal Bench at Thiruvalla or to order that evidence of petitioner may be recorded at the Principal Bench, Thiruvalla and if any such application is preferred learned Judge, Family Court will consider that application and pass appropriate orders. Petitioner shall file such application within a week from this day and evidence of petitioner shall be recorded only after disposal of that application. Petition is closed with the above observation. THOMAS P. JOSEPH, JUDGE. vsv