IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Tr.P(C).No. 144 of 2010() ------------------------- OP(G&W)618/2010 of FAMILY COURT, NEDUMANGAD .................... PETITIONER ------------------------------ CATHERINE, D/O. JOICE, AGED 41, SERIN VILLA, CHERUVARAKONAM PO, PARASSALA DESOM, PARASSALA VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- SURESH KUMAR, S/O.YESUDASAN, AGED 46 IMMANUVEL, PANAYARAKONAM LANE, IDUKKAMTHALA KONCHIRA PO, VEMBAYAM VILLAGE, NEDUMANGAD TALUK. ADV. SRI.J.JAYASANKAR SRI.S.JIJI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.144 of 2010 -------------------------------------- Dated this the 28th day of June, 2010. ORDER This petition is for transfer of O.P.(G&W) No.618 of 2010 filed by the respondent/husband in the Family Court, Nedumangad to the Family Court, Thiruvananthapuram. Petitioner/wife stated that she is residing about 70 kms away from Nedumangad she being a resident of Parassala and finds it difficult to go to Nedumangad for conduct of the case. She also stated that respondent/husband is residing at Vembayam at Konchira and transfer of the case to the Family Court, Thiruvananthapuram will not affect him. 2. I have heard counsel for petitioner as well as respondent. Learned counsel for respondent states that an order regarding custody of child in O.P. (G&W) No.618 of 2010 is being contested by the petitioner/wife in this Court in W.P.(C) No.18308 of 2010. But pendency of that Writ Petition need not affect transfer of O.P.(G&W) No.618 of 2010 from the Family Court, Nedumangad to Family Court, Thiruvananthapuram. Where ever the case is transferred interim order until it is set aside will remain in force. W.P.(C) No.18308 of 2010 could be disposed of separately. 3. Going by the place of residence of parties I consider that convenience of both sides can be protected by transferring the case to Family Court, Thiruvananthapuram. Having regard to the fact that no other impediment Tr.P.(C) No.144/2010 2 is pointed out to transfer O.P.(G&W) No.618 of 2010 from Family Court, Nedumangad to Family Court, Thiruvananthapuram I am inclined to allow the petition. Resultantly this petition is allowed in the following lines: i. O.P.(G&W) No. 618 of 2010 pending in Family Court, Nedumangad is withdrawn from that court and transferred to Family Court, Thiruvananthapuram for disposal. ii. It is made clear that the fate of the interim order passed in O.P. (G&W) No.618 of 2010 will be subject to the decision in W.P.(C) No.18308 of 2010 and subject to the decision in that Writ Petition, it will be open to the transferee court to enforce the order passed on the application for interim custody of the child. iii. The transferor court shall, while transmitting records of the case to the transferee court fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. I.A.No.1204 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge.