IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Tr.P(C).No. 196 of 2008() ------------------------- O.P.NO.321/2008 OF FAMILY COURT,KOLLAM .................... PETITIONER: ----------- NEETHU,D/O. MANIYAMMA CHARUVILA PUTHEN VEEDU, PALLIMON P.O., PALLIMON VILLAGE,KOLLAM DISTRICT BY ADV. SRI.B.MOHANLAL RESPONDENT: ------------ JAYAKUMAR, S/O. PADMANABHAN NAIR JALAJA BHAVAN, AYOOR, EDAMULAKKAL VILLAGE, PATHAPURAM TALUK, KOLLAM DISTRICT BY ADV. SRI. K.SIJU SRI. PRATHEESH.P THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 196 of 2008 ORDER ON I.A NO.1797 OF 2008 IN Tr.P(C).NO. 196 of 2008 DISMISSED SD/- 1/09/2008 M.SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J ---------------------------------- TR. P.C.NO. 196 OF 2008 ---------------------------------------------- Dated this the 1st day of September, 2008 O R D E R Petitioner is the wife and respondent the husband. This petition is filed under Section 24 of Code of Civil Procedure to transfer O.P. 321 of 2008 filed by the respondent before the Family Court, Kottarakkara to get his marriage with petitioner declared as null. The case of the petitioner is that O.P. 489 of 2008 for return of the gold ornaments and cash and M.C. 143 of 2008 claiming maintenance filed by the petitioner are pending before Family Court, Kollam and all the cases are tried by the same court. It is also contended by the petitioner that it is difficult for the petitioner to travel to Family Court, Kottarakkara and therefore the case is to be transferred to Family Court, Kollam. Respondent filed a counter affidavit contending that the respondent is suffering from spinal disease and it is not possible for him to sit and travel distance and in such circumstances the case may not be transferred to Kollam. 2. Learned counsel appearing for the petitioner and learned counsel for the respondent were heard. Tr.P.C. No. 196 of 2008 -2- 3. Learned counsel for the respondent argued that the two cases now pending before family court, Kollam were instituted subsequently, by the petitioner and due to his illness he could not travel to Kollam and in such circumstances case may not be transferred. 4. When two cases are pending before family court, Kollam respondent necessarily to travel to Kollam to contest those cases. The case of the petitioner is that it is difficult for her to travel to Kottarakkara and contest the case. The argument of the learned counsel appearing for the respondent is that respondent is under treatment at Sree Gokulam Medical College for coccidynia as seen from the certificate produced along with the counter affidavit where under, he is advised to avoid long journey as it may aggravate the condition, and so the case may not transferred. Though medical certificate is produced, respondent need not appear before the Family Court on all the posting dates. Family Court can dispense with his presence except where it is absolutely necessary for recording the evidence. 5. In such circumstances petition is allowed and O.P. 321 of Tr.P.C. No. 196 of 2008 -3- 2006 is withdrawn from Family Court, Kottarakkara and transferred to Family Court, Kollam. Family Court, Kollam shall not insist for the presence of petitioner or respondent on all posting dates. He need be present for conciliation. M. SASIDHARAN NAMBIAR, JUDGE vkm