IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 Tr.P(C).No. 7 of 2011() ----------------------- OP.2087/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONER (S): -------------------- GEETHA, W/O.VENUGOPALAN, CHUNDOLY PADIKALEYA PARAMBIL HOUSE P.O.KIZHOOR, PANAMANNA, OTTAPALAM TALUK PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM RESPONDENT(S): --------------- P.VENUGOPALAN, S/O.BHASKARA KURUP HOUSE NO.VI/1313, THOPPUMPADY, P.O.ERNAKULAM KOCHI 682 005. ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.7 of 2011 --------------------------------------- Dated this the 6th day of April, 2011 O R D E R The petitioner, the wife of the respondent, prays for transfer of O.P.No.2087 of 2010 pending before the Family Court, Ernakulam to the Family Court, Palakkad. The marriage between the parties took place at Cherpulassery, within the jurisdiction of the Family Court, Palakkad. According to the respondent, they resided together within the jurisdiction of the Family Court, Ernakulam. This contention is denied by the petitioner. According to the petitioner, the Family Court, Ernakulam has no jurisdiction to try the case. 2. The petitioner says that she was born and brought up at Hyderabad. Her father is employed in Hyderabad. In the Transfer Petition, it is stated that the petitioner is residing at Hyderabad with her parents. The only ground on which the transfer is sought is that Tr.P.(C)No.7 of 2011 2 Palakkad is a familiar place to the petitioner and her relatives are also available at Palakkad. The respondent is employed in Gujarat. Both the parties are residing outside the State of Kerala. So any place, whether it is Palakkad or Enakulam, is good for both parties. Whether a particular place is familiar to a party is not at all relevant for considering the question of transfer. The question is whether the case should be transferred from a court to another court. No grounds are established by the petitioner to transfer the case from the Family Court, Ernakulam to the Family Court, Palakkad. For the aforesaid reasons, the Transfer Petition is dismissed. It is made clear that the question whether the Family Court, Ernakulam has jurisdiction to try the case is not decided in this Transfer Petition. K.T.SANKARAN JUDGE csl