IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 Tr.P(C).No. 368 of 2010() ------------------------- IA 420/10 IN OPDIV.203/2008 of FAMILY COURT, KASARAGOD .................... PETITIONER ------------------------------ MRS. NEELIMA ANN BEDI, D/O. JAMES BEDI, VETTAMTHADATHIL HOUSE, P.O. MANJOOR,KOTTAYAM DISTRICT. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------- NISHO ABRAHAM, S/O. ABRAHAM, THALAPPILLIL HOUSE, P.O. THAYANNUR, HOSDURG TALUK, KASARGOD DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.368 of 2010 -------------------------------------- Dated this the 30th day of November, 2010. ORDER Respondent had filed O.P.(Div.) No.203 of 2008 in the Family Court, Kasaragod against the petitioner. That petition was dismissed for default on 18.03.2009. Respondent has now filed I.A.No.420 of 2010 to set aside the dismissal of that petition. Prayer in this petition is to transfer I.A.No.420 of 2010 to Family Court, Ettumanoor since petitioner is a resident of Manjoor, in Kottayam District and since two other cases filed by petitioner against respondent are pending in Family Court, Ettumanoor. 2. What is at present pending in Family Court, Kasaragod is I.A.No.420 of 2010 which is to set aside dismissal of O.P.(Div.) No.203 of 2008 . The court which dismissed O.P.(Div.) 203 of 2008 is most suitable to hear the application to set aside the dismissal of that petition. This Court in a similar situation has taken that view ( See Merly v. Saji K.Joseph – 2009 (3) KLT 520). There is no reason why I should deviate from that view. 3. When I.A.No.420 of 2010 alone is pending in Family Court, Kasaragod and since that court is most suitable to decide whether request for restoration should be allowed or not, it is not proper to withdraw the case from Tr.P.(C) No.368/2010 2 Family Court, Kasaragod to another court. Petitioner can move appropriate application for transfer in case I.A.No.420 of 2010 is allowed and O.P.(Div.) No.203 of 2008 is restored to file. Without prejudice to that right of petitioner this petition is closed. THOMAS P.JOSEPH, Judge. cks