IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Tr.P(C).No. 99 of 2005() ------------------------ (AGAINST OS NO.114/05 OF ADDITIONAL FAMILY COURT, NEDUMANGAD) PETITIONERS/PLAINTIFFS: ----------------------------- 1. SUDEVAN, S/O.SIVAPRASAD, AISWARYA, KARAKKAMANDAPAM MURI, NEMOM VILLAGE, THIRUVANANTHAPURAM TALUK. 2. RAJAN, S/O.SADANANDAN, PRARAJ BHAVAN SARKARA, KADAKKAVUR, CHIRAYINKEEZHU VILLAGE. BY ADV. SRI.R.ANILKUMAR RESPONDENTS: DEFENDANTS. --------------------------------- 1. VIJAYAKUMARI, D/O.THANKAMMA, CHENEVILA, KAIKKARA, KADAKKAVUR. 2. THE MANAGING DIRECTOR, VAKKOM, FARMAI CO-OPERATIVE BANK LTD.542, VAKKOM P.O. KADAKKAVUR. 3. SRIHANU(MINOR), THADATHARIKATHU HOUSE, MADATHARA DESOM, KOLLAM DISTRICT (MINOR0, REPRESENTED BY IST RESPONDENT. 4. SRIKUTTY(MINOR), THADATHARIKATHU HOUSE, MADATHARA DESOM, KOLLAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2008 ALONG WITH Tr.P(C).No. 100 of 2005, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- Tr.P. C. Nos. 99 & 100 OF 2005 --------------------- Dated this the 11thday of February, 2008 ORDER These transfer petitions are filed to transfer OS 114/05 in Tr.P.C. 99/05 and OP 633/05 in Tr.P.C 100/05 pending before the Additional Family Court, Nedumangad, to the Family Court, Thiruvananthapuram, for trial and disposal. 2. Heard the counsel appearing for both sides. The issue is now with respect to the status of the persons. It is claimed that late Vanajakshi is the legally wedded wife of Sivaprasad by one side and according to the other side it is Vijayalakshmi. The question pending for determination in the court is with respect to the marital status and also related to certain transactions effected by them. In other words, the whole question revolves around the question of fact that who is the legally wedded wife of Sivaprasad. If that question is answered, all other questions will have a natural result following the same. I am informed that the case was prosecuted in the Family Court, Thiruvananthapuram, and evidence had been over and it has been transferred to the Family Court, Nedumangad, only on account of the new constitution of the Family Court there. TR.P.C. NOS. 99 & 100/05 2 3. Since the entire evidence is recorded and the matter is transferred, it is only just that the case may be taken by the court where the matter is pending now and dispose of the same at the earliest. Therefore, I direct the Family Court, Nedumangad, to give priority to OS 114/05, OP 115/05, OP 631/05 and OP 632/05 and dispose it of at the earliest. If any documents have to be summoned from any other court for the purpose of reference, and if the same is not transmitted, the Family Court, Nedumangad, on an application made by one of the parties may request the other court to transmit those records as well. If those documents are pending before the Family Court, Thiruvananthapuram, it may be transmitted after intimating the court from which it is transferred regarding the custody of the documents. With the above observations, these transfer petitions are dismissed. M.N.KRISHNAN, JUDGE vps TR.P.C. NOS. 99 & 100/05 3