IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Tr.P(C).No. 235 of 2011() ----------------------------------- O.P.119/2011 OF FAMILY COURT, THALASSERY TO THE FAMILY COURT KANNUR. ................. PETITIONERS/RESPONDENT ----------------------------------------- BEENA P.P., D/O.BALAKRISHNAN, AGED 25 YEARS, 'SAYOOJYAM', POST MANDOOR, CHERUTHAZHAM, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT, SRI.ABHILASH K.N., SMT.LEELA R. RESPONDENTS/PETITIONER ------------------------------------------- SABEESH P.P., S/O.BHALAKRISHNAN, AGED 32 YEARS, RESIDING AT KRISHNAGEETHA, NETHAJI ROAD, THALASSERY, KANNUR-670 101. BY ADV. SRI.M.RAMESH CHANDER. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Tr.P(C).No. 235 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE PETITION IN O.P.119/2011 ON THE FILE OF FAMILY COURT THALASSERY FILED BY THE RESPONDENT. ANNEXURE A2: COPY OF THE PETITION IN O.P.258/2009 ON THE FILE OF FAMILY COURT, KANNUR FILED BY THE PETITIONER. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE rs THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No. 235 of 2011 ==================================== Dated this the 2nd day of August, 2011 O R D E R This petition is filed by the petitioner-wife seeking transfer of O.P. No.119 of 2011 from Family Court, Thalassery to Family Court, Kannur. That petition was filed by the respondent-husband originally in Family Court, Kannur as O.P. No.185 of 2009 seeking divorce. After a Family Court was established at Thalassery that case was transferred to the said court and re-numbered as O.P. No.119 of 2011. Petitioner has filed O.P. No.258 of 2009 in Family Court, Kannur for restitution of conjugal rights. Petitioner, in the circumstances seeks transfer of O.P. No.119 of 2011 from Family Court, Thalassery to Family Court, Kannur. It is stated that petitioner is residing at Cheruthazham, Kannur and she finds it difficult to travel all the distance from her place of residence to Family Court, Thalassery to contest the case. 2. Learned counsel for respondent submitted that all the pre-enquiry steps in both the cases are over and O.P. No.119 of 2011 was posted for evidence on 27.07.2011. To give evidence in that case respondent who is employed in the Gulf took leave for two months and came to his native place on 08.07.2011. His leave Tr.P(C) No. 235/2011 -: 2 :- is to expire by 08.09.2011. It is therefore requested that in case transfer is allowed, the Family Court, Kannur may be directed to record evidence of respondent in both the cases before 08.09.2011. 3. Having heard counsel on both sides I am inclined to allow the request for transfer. For, the two cases are to be tried and disposed of by the same court; one being for divorce and the other for restitution of conjugal rights. At the same time difficulty expressed by respondent through counsel has to be taken care of – his leave is to expire by 08.09.2011. Counsel on both sides submit that petitioner and respondent will make every endeavour to give evidence before 08.09.2011. Resultantly, Petition is allowed in the following lines: (a) O.P. No.119 of 2011 pending in Family Court, Thalassery is withdrawn from that court and transferred to Family Court, Kannur for trial and disposal. (b) The transferor court while transmitting records of the case to the Tr.P(C) No. 235/2011 -: 3 :- transferee court shall fix date for appearance of parties in the transferee court with due intimation to the counsel for both parties. (c) The transferee court shall ensure that O.P. No.119 of 2011 (transferred to it) and O.P. No.258 of 2009 (pending in that court) are posted on the same dates, as far as possible. (d) Family Court, Kannur is directed to complete recording of evidence of the respondent before 08.09.2011. THOMAS P. JOSEPH, JUDGE. vsv