IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Tr.P(C).No. 423 of 2011() ---------------------------------- OP.406/2011 of FAMILY COURT, KOTTARAKKARA .......................... PETITIONER(S): ----------------------- 1. A. MOHAMMED SALIH MOULAVI, S/O. ASSANARARU KUNJU, AGED 68 YEARS, RESIDING AT DARUSSALAM, T.C 10/1640, VATTIYOORKAVU.P.O, THIRUVANANTHAPURAM - 695 013. 2. R. SOUDHA BEEVI, W/O. A. MOHAMMED SALIH MOULAVI, AGED 58 YEARS, RESIDING AT DARUSSALAM, T.C 10/1640, VATTIYOORKAVU.P.O, THIRUVANANTHAPURAM - 695 013. BY ADV. SRI. AYYAPPAN SANKAR SRI. G. SURARSHAN RESPONDENT(S): ------------------------ SUHARA BEEVI, D/O. VAVAKUNJU, AGED 65 YEARS, ERUTHILUVILA VEEDU, SASTHRI JUNCTION, KUNNIKODU, VILAKKUDI VILLAGE, PATHANAPURAM TALUK-689 695. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sd/- TPC NO. 423/2011 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE-I-TRUE COPY OF THE RELEVANT PAGES OF RATION CARD ISSUED TO THE FAMILY OF THE PETITIONERS ON 21/12/1995 AND THE SUBSEQUENTLY ISSUED RATION CARD. ANNEXURE-2-TRUE COPY OF THE CERTIFICATE AS TO EMPLOYMENT ISSUED ON 10/07/2011 FROM THE VATTIYOORKAVU MUSLIM JAMA ATH. ANNEXURE-3-TRUE COPY OF THE PUBLIC NOTICE DATED 02/10/2008 PUBLISHED IN THE PREMISES OF THE TRUST INSTITUTION, RESIDENCE, MOSQUE AND JUMA ATH AND THE NOTICE PUBLISHED IN KERALA KAUMUDI MALAYALAM DAILY DATED 04/10/2008. ANNEXURE-4- TRUE COPY OF THE INTERIM ORDER DATED 26/04/2011 IN W.P(C) 12614/2011 OF THIS HONOURABLE HIGH C0URT. ANNEXURE-5- TRUE COPY OF THE APPLICATION DATED 02/04/2011 FILED AS M.C 48/2011 BEFORE THE HONOURABLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT, THIRUVANANTHAPURAM. ANNEXURE-6- TRUE COPY OF THE O.P. NO. 406/2011 ON THE FILE OF THE HONOURABLE FAMILY COURT, KOTTARAKKARA. ANNEXURE-7- TRUE COPY OF THE MEDICAL CERTIFICATES AND PRESCRIPTION IN RESPECT OLF THE SERIOUS AILMENTS OF THE PETITIONER. RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE sd/- THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.423 of 2011 ==================================== Dated this the 29th day of November, 2011 O R D E R This petition is for transfer of O.P. No.406 of 2011 from the Family Court, Kottarakkara to the Family Court, Thiruvananthapuram. That is a petition filed by the respondent who, according to the first petitioner was divorced in the year 1969 making a claim over immovable property allegedly belonging to the second petitioner and as learned counsel submits, situated in Thiruvananthapuram District. Petitioner has sought transfer of O.P. No.406 of 2011 on the ground that it is several years after the divorce in the year, 1969 that respondent has thought of filing such a petition, property is situated in Thiruvananthapuram District and hence Family Court, Kottarakkara has no territorial jurisdiction to entertain O.P. No.406 of 2011 and further that petitioners are residing in Thiruvananthapuram District and on account of old age illness they are unable to travel to Kottarakkara. 2. If Family Court, Kottarakkara has no territorial jurisdiction to entertain the Original Petition, that is a matter which petitioners could urge before that court as provided under Tr.P(C) No.423 of 2011 -: 2 :- law and invite a decision. This Court is not required to decide the question of territorial jurisdiction under Section 24 of the Code of Civil Procedure. 3. Other grounds raised are old age illness of petitioners. First petitioner is aged 68 years and second petitioner is aged 58 years. But respondent also is not that much younger to the petitioners, she is aged 65 years. 4. Annexure-A7 is produced to show that petitioners are suffering from various illness. But I must also bear in mind that respondent is aged 65 years, residing at Pathanapuram Taluk and if the case is transferred to the Family Court, Thiruvananthapuram, she has to travel a long distance. Having considered the circumstances I am not inclined to think that on account of the above said inconvenience of petitioners the case could be transferred to the Family Court, Thiruvananthapuram inviting hardship to the respondent. Appropriate course is to direct (subject to the decision the Family Court, Kottarakkara may take regarding territorial jurisdiction if raised at the appropriate stage) that parties can appear in the court concerned through counsel except when their physical presence is required. I must also bear in mind that if examination of petitioners as Tr.P(C) No.423 of 2011 -: 3 :- witnesses is required on commission it is for them to request the Family Court to follow that procedure. Transfer petition is dismissed with the above observations. All pending Interlocutory Applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv