IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Tr.P(C).No. 39 of 2008() ------------------------ OP.1019/2007 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR .................... PETITIONERS : --------------- 1. MANOJ THOMAS, S/O. A.K.THOMAS, EMPLOYED IN U.A.E., HAVING PERMANENT ADDRESS AT KANNALIL MINI BHAVAN, THENGELIKARA, KUTTOOR VILLAGE, THIRUVALLA TALUK AND RESIDING AT MALATHUSSERIL HOUSE, KUZHIMATTOM KARA, PANACHICKADU VILLAGE, KOTTAYAM TALUK. 2. A.K.THOMAS, KANNALIL MINI BHAVAN, THENGELI KARA, KUTTOOR VILLAGE, THIRUVALLA TALUK AND NOW RESIDING AT MALATHUSSERIL HOUSE, KUZHIMATTOM KARA, PANACHICKADU VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.K.P.VIJAYAN SRI.V.M.SYAM KUMAR SMT.KRIPA ELIZABETH MATHEWS RESPONDENT: --------------- LINIMOL THOMAS, W/O. MANOJ THOMAS, KACHANOLICKAL HOUSE, MATTAKKARA P.O., KOTTAYAM DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- Tr.P.C. NO. 39 OF 2008 --------------------- Dated this the 7thday of February, 2008 ORDER This transfer petition is filed with a prayer to withdraw OP 1019/07 pending before the Family Court, Kottayam at Ettumanoor and to transfer the same to this court for facilitating hearing in the said OP along with the matrimonial appeal 631 & 632 of 2007 pending before this court. I am afraid this prayer cannot be entertained for the following reasons: (i) It is the original petitions that is pending before the Family Court. In the original petition a party is entitled to let the evidence in support of his or her contentions before trial court. So it follow that the matter has to be disposed of only after appreciating the evidence. (ii) What is pending before this court is only matrimonial appeals in two other cases. In the matrimonial appeal the court is only concerned with the hearing of the case and to find out what is stated in the judgment of the court below is right or not. Without evidence, OP 1019/07 cannot be disposed of. After the amendment to the Family Court Act, the question of taking evidence by this court also does not arise. Therefore the prayer to transfer OP 1019/07 to be heard along with the matrimonial appeals pending before this court cannot be entertained and therefore this transfer petition is dismissed. M.N.KRISHNAN, JUDGE vps 2