IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Tr.P(C).No. 50 of 2011 TO TRANSFER O.P.NO.78 OF 2011 PENDING BEFORE THE FAMILY COURT, NEDUMANGAD AND OP.654/2010 PENDING BEFORE THE MUNSIFF'S COURT, KOTTARAKKARA TO THE FAMILY COURT, KOTTARAKKARA. PETITIONER --------------------- HABUSHIA BEEVI, W/O.ABDUL BASHEER, AGED 62 YEARS, RTD. POST MISTRESS, MELEVILA VEEDU, HB MANZIL, ROAD VILA, CHERIYA VELINELLOOR P.O., KOTTARAKKARA, KOLLAM DISTRICT-691516. BY ADV. SRI.V.JAYAPRADEEP RESPONDENT: --------------- SABEENA BEEVI, AGED 34 YEARS, D/O.ABDUL SALAM, SABEENA NIVAS, AALIYIRAKKAM, CHILAKKOOR, VARKALA, THIRUVANANTHAPURAM DISTRICT-695141. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 50 OF 2011 ------------------------------------------------------ Dated this the 4th day of February, 2011 O R D E R The prayer in the Transfer Petition is to transfer O.P.No.78 of 2011, pending before the Family Court, Nedumangad and O.S.No.654 of 2010, pending before the Munsiff's Court, Kottarakkara, to the Family Court, Kottarakkara. 2. In Santha v. Sree Kumar (1999 (3) KLT 261), it was held that a case pending before the civil court cannot be transferred to the Family Court. Therefore, the prayer made by the petitioner is defective. Learned counsel for the petitioner seeks permission to withdraw the Transfer Petition with liberty to file another Transfer Petition limiting the prayer for transfer of O.P.No.78 of 2011, pending before the Family Court, Nedumangad to the Family Court, Kottarakkara. Accordingly, the Transfer Petition is dismissed as withdrawn with the aforesaid liberty. (K.T.SANKARAN) Judge ahz/