IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Tr.P(C).No. 23 of 2010() ------------------------ MC NO.196/2009 OF FAMILY COURT, KOLLAM PETITIONER ------------------------------ JOSE SAMUEL, AGED 45 YEARS, HAVING HIS PERMANENT ADDRESS AT CHIRAKKAL THEKKATHIL, THEKKEKARA P.O., MAVELIKKARA, PRESENTLY RESIDING AT SAI NAGAR COMPLEX, A-105, SECTOR -4, KALAMBOLIL ROAD, RAIGID DISTRICT, NAYI MUMBAI. BY ADV. SMT.MIJI JOHN RESPONDENT(S): --------------- ROYMOL, HAVING PERMANENT ADDRESS AT PAITTEL HOUSE, ERUVA EAST P.O., KAYAMKULAM NOW RESIDING AT KOCHU THEKKATHIL, S.R.P.M.P.O. KARUNAGAPPALLY, KOLLAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No..23 of 2010 -------------------------------------- Dated this the 26th day of May, 2010. ORDER Notice on the petition is served on respondent, but there is no response. 2. Respondent is the wife of petitioner. She filed M.C.No.196 of 2009 in Family Court, Kollam seeking maintenance from petitioner. Later she filed O.P.No.810 of 2009 for divorce in Family Court, Alappuzha. Petitioner - husband though a resident of Mavelikkara now works in Mumbai. Respondent, learned counsel for petitioner states, belongs to Kayamkulam but is now staying at Karunagappally. Learned counsel states that it is convenient to both parties if the cases are brought to the same court. Learned counsel also states that relatives of the petitioner are staying at Ernakulam and hence if the case pending in Family Court, Kollam is brought to Family Court, Alappuzha it will be convenient for petitioner and will not in any way cause inconvenience to the respondent since distance from her place of residence to Kollam and Alappuzha is almost equal. Having regard to the circumstances stated, I am inclined to allow the request of the petitioner. Resultantly, this petition is allowed. M.C.No.196 of 2009 is withdrawn from Family Court, Kollam and transferred to Family Court, Alappuzha where O.P.No.810 of 2009 is pending. The transferor court shall, Tr.P(C) No.23/2010 2 while transmitting records of the case to the transferee court fix date of appearance of parties in the transferee court with notice to counsel on both sides. Petitioner shall suffer his cost in this proceeding. I.A.No.170 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge.