IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Tr.P(C).No. 221 of 2008() ------------------------- OP.196/2008 of FAMILY COURT,KOLLAM .................... PETITIONER: IST RESPONDENT: -------------------------------------------------------- DILSHAD.S, SABEERSHAD MANZIL, VENGAKUNNIL, THENNOOR.P.O, THIRUVANANTHAPURAM. BY ADV. MR.M.SREEKUMAR RESPONDENT(S): IST PETITIONER: ----------------------------------------------------- SHAMMA, D/O. A.K. SHAJAHAN, SABOOR, NEAR SHEEMATTI JUNCTION, KARANCODU.P.O, KOLLAM. BY ADV. MR.C.RAJENDRAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S. SATHEESACHANDRAN, J. ```````````````````````````````````````````````````` Tr.P.(C) No. 221 OF 2008 ```````````````````````````````````````````````````` Dated this the 10th day of July, 2009 O R D E R Petition is filed under section 24 of the CPC. Petitioner is the husband and respondent, the wife. Petition is filed for transfer of OP.196/08 filed by the wife which is pending before the Family Court, Kollam. The above original petition has been filed for returning ornaments and valuables alleging that the husband is unlawfully retaining them. Previously, the husband has filed a petition for restitution of conjugal rights before the Family Court, Nedumangad and, later, on orders passed by this court at the instance of the wife and as agreed upon by both parties, it was transferred to the Family Court, Thiruvananthapuram. Subsequent to such transfer, it is the case of the husband, the wife filed the petition OP.196/08 before the Family Court, Kollam, and the request in the petition is for transfer of that case also to the Family Court, Thiruvananthapuram. 2. Notice being given, the wife has entered appearance through counsel. I heard the counsel on both sides. The learned counsel for the wife submits that after filing the petition for restitution of conjugal rights, the husband has married again and the petition for restitution of conjugal rights moved by him has become infructuous. It is Tr.P.C.No.221/08 : 2 : further submitted that the wife has filed another petition consequent to the second marriage of the husband, for dissolution of the marriage, and that too is now pending before the Family Court, Kollam. A motor vehicle purchased with the funds of the parents of the wife and given to the husband as well as her ornaments are still retained by the husband, submits the counsel. Learned counsel for the husband pleads ignorance as to the second marriage of the husband. Whatever be the circumstances under which this court ordered for transfer of the petition moved by the husband from the Family court, Nedumangad to Thiruvananthapuram, and that too on the basis of mutual consent of the parties, on account of the subsequent events alleged there seems to be complete change of circumstance and so much so, the previous order will not have any bearing in considering the question of transfer sought for in the present petition. Under the facts and circumstances presented and submissions made, I find the request for transfer made by the husband cannot be entertained, and the petition is dismissed. Sd/- (S.S. SATHEESACHANDRAN, JUDGE) aks // True Copy // P.A. to Judge