IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 Tr.P(C).No. 325 of 2010() ------------------------- AGAINST THE ORDER IN OP(G&W)1785/2010 AND OP.1786/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONERS: ---------------------- 1. SALINI.K.V., D/O.PARIJAKSHAN NAIR.P., ANUGRAHA, DREAM NAGAR, ERIMAYUR POST. 2. NAVANEED (MINOR 3 AND HALF YEARS) S/O.SALINI (REPRESENTED BY THE GUARDIAN AND MOTHER SALINI K.V., 1ST PETITIONER). BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- KRISHNA PRASAD, S/O.DAMODARAN NAIR, PRASADAM, JUNIOR JANATHA ROAD, VYTTILA POST, COCHIN-682 019. ADV. SRI.V.PHILIP MATHEW THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.325 of 2010 --------------------------------------- Dated this the 29th day of March, 2011 O R D E R The petitioners are the wife and son of the respondent. As between the parties, three cases are pending; two cases before the Family Court, Ernakulam and one case before the Family Court, Palakkad. The prayer made by the wife and son is to transfer the cases pending before the Family Court, Ernakulam to the Family Court, Palakkad. 2. O.P.(G&W) No.1785 of 2010 on the file of the Family Court, Ernakulam was filed by the husband for custody of the child. O.P.No.1786 of 2010 was filed by the husband before the Family Court, Ernakulam for restitution of conjugal rights. The wife filed O.P.No.670 of 2010 before the Family Court, Palakkad claiming maintenance and also for return of gold ornaments. All the aforesaid cases are Tr.P.(C) No.325/2010 2 pending. The prayer is to Transfer O.P.(G&W) No.1785 of 2010 and O.P.No.1786 of 2010 from the Family Court, Ernakulam to the Family Court, Palakkad. 3. The wife says that she has no job. The child is residing with her. Her residence is within the jurisdiction of the Family Court, Palakkad. The respondent is employed at Ernakulam. It is stated by the petitioners that if they are compelled to appear before the Family Court, Ernakulam, travelling a long distance from their place of residence to Ernakulam, they will be put to irreparable injury and great hardship. 4. In the facts and circumstances of the case, the Transfer Petition is allowed. O.P.(G&W) No.1785 of 2010 and O.P.No.1786 of 2010 pending before the Family Court, Ernakulam shall stand transferred to the Family Court, Palakkad where O.P.No.670 of 2010 is pending. The Family Tr.P.(C) No.325/2010 3 Court, Ernakulam shall transmit the records of the cases to the Family Court, Palakkad. Learned counsel appearing for the respondent submitted that there may be a direction not to insist on the personal appearance of the respondent before the Family Court on all posting days. He would be free to apply before the Family Court, Palakkad for exempting him from personal appearance. The Family Court, Palakkad need direct the respondent to appear in person only if his presence is absolutely necessary. K.T.SANKARAN JUDGE csl