IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Tr.P(C).No. 205 of 2011() ------------------------- OP.29/2010 of FAMILY COURT, PALAKKAD .................... PETITIONER: -------------------- SANGEETHA, AGED 27 YEARS, D/O.MUKUNDAN PILLAI, MECKAL VEEDU, KAITHARAM, KOTTUVALLY, N.PARUR. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENT: --------------- SREEKUMAR, AGED 34 YEARS, S/O.VIJAYAN MENON, RESIDING AT USHAS IRATTAKULAM, CHITTUR, PALGHAT. ADV. SRI.K.T.SHYAMKUMAR FOR R1 SRI.HARISH R. MENON FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 205 of 2011 2 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1 : TRUE COPY OF THE PETITION, O.P.NO.29 OF 2010 OF THE FAMILY COURT, PALAKKAD DTD 12.01.2010. ANNEXURE A2 : TRUE COPY OF THE PETITION, O.P.953/2010 OF the FAMILY COURT, ERNAKULAM DTD 05.06.2010 RESPONDENTS' EXHIBITS: NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.205 of 2011 --------------------------------------- Dated this 03rd day of November, 2011 ORDER Respondent appears through counsel and reports no objection to allowing this petition for transfer. 2. Petitioner/wife has sought transfer of O.P.No.29 of 2010 from the Family Court, Palakkad to the Family Court, Ernakulam. That is a petition filed by the respondent for dissolution of marriage. It is stated that petitioner has filed O.P.No.953 of 2010 in the Family Court, Ernakulam for restitution of conjugal rights and the Court passed an ex parte decree on 16.04.2011. Respondent has filed application to set aside the ex parte decree and that application was posted on 18.08.2011. 3. Petitioner/wife, it is not disputed is staying at Kottuvally, near North Paravur in Ernakulam district. She has to travel all the distance from that place to Palakkad to contest O.P.No.29 of 2010. To avoid inconvenience of petitioner/wife aged 28 years, it is necessary that the said case is transferred to the Family Court, Ernakulam. The request for transfer is also not objected by the respondent. Hence I am inclined to allow the request. Tr.P(C).No.205 of 2011 -: 2 :- Resultantly this petition is allowed as follows: (i) O.P.No.29 of 2010 pending in Family Court, Palakkad is withdrawn from that court and made over to Family Court, Ernakulam. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (iii) It is made clear that except when physical presence of respondent is necessary it is open to him to appear through counsel in the transferee court. (iv) In case the ex parte decree in O.P.No.953 of 2010 of the Family Court, Ernakulam is set aside, the Family Court, Ernakulam shall post that case also along with O.P.No.29 of 2010 which is being transferred to that Court. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-