IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Tr.P(C).No. 246 of 2008 -------------------------------------- OP.334/2008 of FAMILY COURT, THIRUVALLA .................... PETITIONER/RESPONDENT: ANITHA, D/O.OMANA, AS BHAVAN, VAVODE, PALLINADA, VAZHICHAL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.DINESH RESPONDENT/PETITIONER: P.V.JOY, S/O.JOY, PUNNAKUNNIL VEEDU, KUTTUMALA, VAZHICHAL P.O., VAZHICAL VILLAGE, NEYYATTINKARA TALUK. ADV. SRI.P.HARIDAS THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008 ALONG WITH TPC NO. 299 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ----------------------------- Tr.P.(C)Nos.246 & 299 of 2008 ----------------------------- ORDER Petitioner in Tr.P.(C)No.246/08 is the respondent in Tr.P.(C)No.299/08. She is the wife of the respondent. Her prayer in Tr.P.(C)No.246/08 is for transfer of O.P.No.334/08, filed by the respondent/husband before the Family Court, Thiruvalla for dissolution of marriage, to the Family Court, Nedumangadu, where O.P.No.915/08 filed by her for dissolution of marriage and for recovery of money, gold ornaments, etc. is pending. In Tr.P.(C)No.299/08, the husband has sought for transfer of O.P.No.915/08 to the Family Court, Thiruvalla where, he has filed O.P.No.334/08. There is no quarrel on the principle that both these cases are to be tried before the same Family Court. 2. Having heard counsel on both sides, I am of the view that to suit the convenience of the wife, O.P.No.334/08 pending on the file of the Family TPC 246&299/08 2 Court, Thiruvalla filed by her husband has to be transferred to the Family Court, Nedumangadu, where O.P.No.915/08 filed by her is pending. Ordered accordingly. It is submitted that both the husband and wife have not filed any counter in the original petition filed by the other and offered to file counter positively within one month. They shall also get ready to face the trail within a further period of one month. On the case being rendered ripe, the Family Court, Nedumangadu shall expedite the trial and shall dispose it of at the earliest, as the petitioner/husband in O.P.No.334/08 expresses difficulty to come over to Nedumangadu leaving the younger son of the parties alone at his house. Tr.P.(C)No.246/08 filed by the wife is allowed and Tr.P.(C)No.299/08 filed by the husband is dismissed. 18th November, 2008 (K.P.Balachandran, Judge) tkv