IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Tr.P(C).No. 21 of 2009() ----------------------------------- OP.1339/2008 of FAMILY COURT,THRISSUR .................... PETITIONER (S):/ COUNTER PETITIONER -------------------- DR.S.NILA, AGED 25 YEARS, ARYATT HOUSE, MANAKKALA PO., THYVAYOOR NORTH ADOOR. BY ADV. MR.D.KISHORE RESPONDENT(S): PETITIONER ------------------------- DILEEP AND 30 YEARS, EDATHADEN HOUSE, ALOOR DESOM, ALOOR VILLAGE MUKUNDAPURAM TALUK, THRISSUR. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No.21 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3rd August, 2009 ORDER Petition for transfer is filed under Section 24 of the C.P.C. Petitioner is the wife and the respondent, the husband. Matrimonial disputes between the parties have given rise to three proceedings, one at the instance of the husband and the other two by the wife. Husband has filed O.P.No.1339 of 2008 before the Family Court, Thrissur seeking dissolution of marriage. Wife has filed O.P.No.951 of 2008 before the Family Court, Thiruvalla for return of her gold ornaments and valuables allegedly retained by the husband. She has filed another petition, M.C.No.298 of 2008 before the very same court seeking maintenance from the husband under Section 125 of the Cr.P.C. Wife seeks transfer of O.P.No.1339 of 2008 from the Family Court, Thrissur to the Family Court, Thiruvalla where the other two petitions filed by her are pending consideration. 2. Notice on the applications sent to the respondent/husband was returned with the endorsement 'not known'. On direction given by this court notice of petition was served on the counsel appearing for the respondent/husband. A memo has been filed evidencing such service. The husband has not entered appearance. I Tr.P.C.No.21/09 - 2 - am satisfied that the service on the husband is sufficient. I heard the learned counsel for the wife. It is submitted that the husband is now working in Engineering College, Kottayam and no difficulty or inconvenience will be caused to him by transfer of O.P.No.1339 of 2008 from the Family Court, Thrissur to the Family Court, Thiruvalla. Pendency of the other two petitions filed by the wife before the Family Court, Thiruvalla is also pointed out by the learned counsel to canvass that the transfer requested for is essential to advance the ends of justice. I find considerable force in the submissions made by the learned counsel. By transfer of the case filed by the husband to the Family Court, Thrissur to the Family Court, Thiruvalla, it may be possible to consider whether two or more of the petitions can be jointly tried so that the parties can lead evidence in common. Loss of precious time of the court can also be avoided if a joint trial is feasible and found appropriate in respect of the cases. Moreover, the chances of conflicting judgments can also be avoided, which cannot be ruled out if the petitions are separately tried before different courts. Having regard to all the above aspects, I direct for transfer of O.P.No.1339 of 2008 from the Family Court, Thrissur to the Family Court, Thiruvalla. The Judge, Family Court, Thrissur shall transmit the Tr.P.C.No.21/09 - 3 - records of the above case without delay. The Family Court, Thiruvalla on receipt of the records shall give notice to the parties for appearance. Transfer Petition is disposed as above. srd S.S. SATHEESACHANDRAN, JUDGE