IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 Tr.P(C).No. 329 of 2010() ------------------------- OP.1630/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONER -------------------- NIVI DEENA ABRAHAM, AGED 26 YEARS, D/O. ABRAHAM.P.THOMAS, PERUMANOOR HOUSE, U-GARDENS, OLLUKKARA.P.O., TRICHUR-680655. TRICHUR CORPORATION, TRICHUR TALUK, OLLUKARA VILLAGE. BY ADV. SRI.BABU KARUKAPADATH SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD SRI.RAHUL KANDAMPULLY RESPONDENTS: --------------- 1. CIPPY.A. GEORGE, AGED 31 YEARS, S/O. GEORGEKUTTY.A.GEORGE, ANANDABHAVANAM, MUNDIYAPELLY.P.O., THIRUVALLA-686593, NOW RESIDING AT C/O. M.V. GEORGEKUTTY, VAZHACHIRA, AKKARAPARAMBIL, 1/283, CHINGAVANAM P.O., KOTTAYAM. 2. GEORGE KUTTY.A. GEORGE, AGED 65 YEARS, S/O. GEORGE, ANANDABHAVANAM, MUNDIYAPALLY.P.O., THIRUVALLA-686593, NOW RESIDING AT C/O. M.V. GEORGEKUTTY, VAZHACHIRA, AKKARAPARAMBIL, 1/283, CHINGAVANAM.P.O., KOTTAYAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P(C).No.329 of 2010 --------------------------------------- Dated this 27th day of October, 2010 ORDER This petition is filed by the wife requesting transfer of cases to Family Court, Thiruvalla. She filed O.P.No.209 of 2010 in Family Court, Thiruvalla for dissolution of marriage for the reason that the marriage was solemnised within the local limits of that court. Later she filed O.P.No.1199 of 2010 against the respondents for recovery of money and other reliefs and M.C.No.369 of 2010 for maintenance against respondent No.1 in Family Court, Thrissur based on her place of residence at Ollukara Village in Thrissur District. Respondent No.1 has filed O.P.No.1630 of 2010 in Family Court, Ernakulam for restitution of conjugal rights. In the circumstances, petitioner would say that the cases may be transferred to Family Court, Thiruvalla. 2. Respondent No.1 who is working abroad, at a time he was at his native place was served through special messenger but there is no appearance for him. Respondent No.2 has appeared through counsel and opposed the application. 3. I have heard counsel on both sides. Respondent No.2, I am told is now residing at Kottayam though respondent No.1 Tr.P(C).No.329 of 2010 : 2 : according to learned counsel for respondent No.2, is having his residential building at Ernakulam but, he is working abroad. Learned counsel for petitioner states that though petitioner is a resident of Ollukara in Thrissur district, she would like the cases to be transferred to Family Court, Thiruvalla where O.P.No.209 of 2010 filed by her for dissolution of marriage is pending and which has progressed to the stage of filing counter. Transfer of the cases to Family Court, Thiruvalla will not cause inconvenience to the respondents since respondent No.1 is working abroad and respondent No.2 is residing at Kottayam and it will be convenient to both if the cases are transferred to Family Court at Thiruvalla rather than at Ernakulam or Thrissur. Hence I am inclined to allow the request of petitioner. Resultantly this petition is allowed in the following lines: (i) O.P.No.1199 of 2010 and M.C.No.369 of 2010 pending in Family Court, Thrissur are withdrawn from that court and made over to Family court, Thiruvalla for trial and disposal. (ii) O.P.No.1630 of 2010 filed by respondent No.1 in Family Court, Ernakulam is withdrawn from that court and made over to Family court, Thiruvalla for trial and disposal. Tr.P(C).No.329 of 2010 : 3 : (iii) Family Court, Thiruvalla is directed to post, as far as possible all the cases on the same dates. (iv) The transferor courts shall transmit records of the cases to the transferee court directing appearance of the parties in the transferee court on 18-11-2010. (v) It is made clear that except when their personal appearance is required, parties can appear in the transferee court through counsel. Registry shall send copy of this order to the Family Courts at Thrissur, Ernakulam and Thiruvalla. (THOMAS P JOSEPH, JUDGE) Sbna/-