IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 Tr.P(C).No. 360 of 2010() ------------------------- OP.1179/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------------- SUMA, AGED 34 YEARS, W/O.SREENIVASAN, PURAKKUNNEL, KALLOORKADU, VAZHIYACHIRA, ERNAKULAM DISTRICT, NOW RESIDING AT MANKUZHIYIL VEEDU, POOPARA P.O., IDUKKI DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. SREENIVASAN, S/O.RAGHAVAN, AGED 51 YEARS PURAKKUNNEL VEEDU, KALLURKADU P.O., VAZHIYACHIRA, ERNAKULAM DISTRICT. 2. RAGHAVAN, AGD 75 YEARS, PURAKKUNNEL VEEDU, KALLURKADU P.O., VAZHIYACHIRA, ERNAKULAM DISTRICT. ADV. SRI.M.R.NANDAKUMAR FOR ADDL.R3 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------- Tr.P.(C).No.360 of 2010 -------------------------------------- Dated this the 16th day of February, 2011 O R D E R The petitioner, Suma, filed O.P.No.1179 of 2009 before the Family Court, Ernakulam against the respondents for return of the gold ornaments allegedly misappropriated by the respondents. It is stated that the marriage between Suma and the first respondent Sreenivasan was solemnised on 11.6.1998 at Adimali. A child was born in that wedlock. 2. The reasons stated by the petitioner for transfer are the following : "2. It is submitted that the petitioner is now residing with her aged parents at Poopara, Idukki and she is working as an Anganavadi helper. Her son is studying at Christhu Jyothi School, Rajakkad, Idukki District. Petitioner submits that she finds difficult to conduct the case at Ernakulam. Petitioner has to travel 6 hours to reach Ernakulam and she has to met huge Tr.P.(Civil) No.360/2010 2 expenses for travelling. It is also submitted that there is nobody to accompany her to Ernakulam. Hence, it is highly essential to transfer the case to Family Court, Thodupuzha. 3. It is submitted that the respondents are residing the northern boarder of Ernakulam District at Kalurkadu. The distance from Kallurkadu to Thodupuzha is less than to Ernakulam. Therefore, no prejudice or hardships will be caused to the respondent by transferring the case to Family Court, Thodupuzha." 3. Though the respondents were served with notice, there is no appearance for the respondents. 4. One Sobha Sreenivasan filed I.A.No.139 of 2011 for impleading her as an additional respondent in the Transfer Petition. In the affidavit accompanying I.A.No.139 of 2011, Sobha Sreenivasan says that the marriage between her and the first respondent took place in the year 1992. She is the legally wedded wife of Sreenivasan. While that marriage was Tr.P.(Civil) No.360/2010 3 subsisting, Sreenivasan married Suma. Therefore, that marriage is void. Sobha Sreenivasan filed O.P.No.1656 of 2009 before the Family Court, Ernakulam against Sreenivasan and his father for recovery of money. That Writ Petition is also pending. It is stated by Sobha Sreenivasan that both the aforesaid cases are being taken simultaneously. 5. Sobha Sreenivasan says that O.P.No.1179 of 2009 was filed by Suma in collusion with Sreenivasan. 6. It is not necessary to decide the dispute between Suma and Sobha in this Transfer Petition. The question in this Transfer Petition is whether O.P.No.1179 of 2009 should be transferred from the Family Court, Ernakulam to the Family Court, Thodupuzha. For that matter, it is not necessary to consider the contention of Sobha. Therefore, it is not necessary to implead Sobha as an additional respondent. I.A.No.139 of 2011 is accordingly dismissed. Tr.P.(Civil) No.360/2010 4 7. The petitioner has stated acceptable reasons for transfer of the case. There is no counter to the averments made in the Transfer Petition. The respondents have not entered appearance as well. In the facts and circumstances mentioned above, the Transfer Petition is allowed. O.P.No.1179 of 2009 is transferred from the Family Court, Ernakulam to the Family Court, Thodupuzha. The Family Court, Ernakulam shall transmit the records to the Family Court, Thodupuzha. K.T.SANKARAN JUDGE csl