IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Tr.P(C).No. 142 of 2010() ------------------------- OP(HMA).699/2009 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER(S): -------------------- BIJU, S/O.PURUSHOTHAMAN, PANAMKUNNATHU HOUSE, MYNAGAPPALLY, P.O., KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENT(S): --------------- 1. SMITHA RAJ, D/O.USHA, RESIDING AT KAROOT BHAVAN, KALLELI P.O.M, THODIYOOR VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. 2. BIJISHA (MINOR) REP. BY MOTHER SMITHA RAJ, -DO- -DO- 3. PONNAMMA, W/O.PURUSHOTHAMAN, PANAMKUNNATHU HOUSE, MYNAGAPPALLY P.O., KOLLAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.142 of 2010 -------------------------------------- Dated this the 5th day of August, 2010. ORDER Respondents are served sufficient early on this petition but there is no response. Heard counsel for petitioner. 2. Respondent No.1/wife has filed M.C.No.88 of 2010 for maintenance and O.P.No.362 of 2010 in Family Court, Kollam. Petitioner has filed O.P. (HMA) No.699 of 2009 in Family Court, Kottarakkara seeking a decree of divorce against respondent No.1. Petitioner wants the case pending in Family Court, Kottarakkara to be transferred to Family Court, Kollam where proceedings initiated by respondent No.1/wife are pending. Petitioner is residing at Mynagappally in Kollam District. Respondent No.1 resides at Karunagappally in Kollam District. According to the learned counsel Family Court, Kollam is nearer to the place of residence of respondent No.1 as well. 3. Considering the circumstances stated by learned counsel and also the fact that two proceedings initiated by respondent No.1/wife are pending in Family Court, Kollam I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: Tr.P.(C) No.142/2010 2 i. O.P. (HMA)No.699 of 2009 pending in Family Court, Kottarakkara is withdrawn from that court and made over to Family Court, Kollam for trial and disposal. ii. The transferor court shall, while transmitting records of the case to the transferee court fix date for appearance of parties in the transferee court with due intimation to the counsel on both sides. iii. Transferee court shall ensure that as far as possible all the cases are posted on the same dates. I.A.No.1196 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks