IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Tr.P(C).No. 48 of 2008() ---------------------------------- OP.1590/2007 of FAMILY COURT,THRISSUR .................... PETITIONER ------------------- RESMI R., D/O. RADHAKRISHNAN, ERANDATH HOUSE (NAVAMI), PALAPURAM, OTTAPALAM, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: ----------------------- RENJITH R.NAIR, S/O. PALAKKAL RADHAKRISHNAN NAIR, AZHAKAM DESOM, KODAKARA, THRISSUR, PRESENTLY EMPLOYED AT HEAD START DUBAI INTERNET CITY, P.O.BOX NO.25703, DUBAI. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- Tr.P.(C) No.48 OF 2008 -------------------------- Dated this the 25th day of February, 2008 O R D E R ~~~~~~~~ This transfer petition is preferred with a prayer to transfer O.P.No.1590/2007 pending before the Family Court, Thrissur to the Family Court, Palakkad where the petition for divorce filed by wife is pending in O.P.No.781/2007. Now the averment is that the marriage took place at Ottappalam which is within the jurisdiction of the Family Court, Palakkad. In paragraph 9 of the application filed by the husband before the Family Court, Thrissur, it is stated that “the petitioner and respondent got married at Ottappalam within the jurisdiction of this Hon'ble Court”. It is an incorrect statement of fact and it is really the Family Court, Palakkad which is having jurisdiction. A perusal of the petition for restitution of conjugal rights also would reveal that they were staying together last at gulf countries and thereafter the wife has started residing with her parents at Ottappalam. Therefore, there is lack of jurisdiction for the Family Court, Thrissur . It is also averred that the wife is finding it difficult to proceed to Thrissur and really the more Tr.P(C).No.48/2008 2 serious case is pending before the Family Court, Palakkad. 2. Therefore, taking into consideration of these aspects, I direct the Family Court, Thrissur to transfer the O.P.No.1590/2007 to the Family Court, Palakkad where O.P.No.781/2007 is pending. The Family Court, Thrissur is directed to inform the counsel for the petitioner regarding the transfer. The transfer petition is disposed of as above. (M.N.KRISHNAN, JUDGE) ps