IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Tr.P(C).No. 67 of 2011 TO TRANSFER OP.1178/2008 FROM THE FAMILY COURT, NEDUMANGAD TO THE FAMILY COURT, THIRUVANANTHAPURAM. PETITIONER -------------------- PADMAJA.S.NAIR, W/O. SASIDHARAN NAIR, AGED 56 YEARS, RESIDING AT K.S.P.VIHAR, 1/532, NAVAIKULAM.P.O., NAVAIKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT: --------------- SASIDHARAN NAIR, S/O. KRISHNA PILLAI, AGED 61 YEARS, PADINJATTE VEEDU, NAVAIKULAM VILLAGE, NAVAIKULAM.P.O. CHIRAYANKIL TALUK,THIRUVANANTHAPURAM-695603. ADV. SRI.G.S.REGHUNATH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011, ALONG WITH TPC NO.68 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NOS.67 & 68 OF 2011 ------------------------------------------------------ Dated this the 7th day of April, 2011 O R D E R Both these Transfer Petitions are filed by the wife of the respondent. The marriage between the parties took place on 29.8.1973 at Attingal. Three children were born in that wedlock. 2. O.P.No.826 of 2009 was filed by the daughter of the petitioner against the respondent before the Family Court, Nedumangad, claiming expenses for her marriage. O.P.No.826 of 2009 was dismissed by the Family Court, Nedumangad. While dismissing O.P.No.826 of 2009, it is stated that several remarks have been made by the learned Judge of the Family Court against the petitioner. The petitioner apprehends that if O.P.Nos.1167 of 2008 filed by the petitioner and O.P.No.1178 of 2008 filed by the respondent, pending before the Family Court, Nedumangad, are tried by the same Judge of the Family Court, Nedumangad, the petitioner may not get full justice. Tr.P.(C) NOS.67 & 68 OF 2011 :: 2 :: 3. O.P.No.1167 of 2008 was filed by the petitioner against the respondent claiming return of money and ornaments and also claiming maintenance. O.P.No.1178 of 2008 was filed by the respondent before the Family Court, Nedumangad for divorce. Both these cases are now pending before the Family Court, Nedumangad. The petitioner and the respondent belong to Chirayinkeezhu. It is submitted that the Family Court, Thiruvananthapuram is nearer to the place of residence of the parties when compared to the distance from their residence to the Family Court, Nedumangad. It is submitted that to suit the general convenience of the parties and to avoid an unpleasant situation before the Family Court, Nedumangad, it would be ideal if the cases are transferred from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram. 4. It is not necessary to decide in these Transfer Petitions as to whether the petitioner would be prejudiced if the cases are tried before the Family Court, Nedumangad. The ground for transfer, that is, the Judge of the Family Court, Nedumangad made certain remarks against the petitioner while disposing of O.P.No.826 of 2009 filed by her daughter, would not be a ground for transfer of the cases. However, since the residence of both parties is nearer to the Tr.P.(C) NOS.67 & 68 OF 2011 :: 3 :: Family Court, Thiruvananthapuram, I am of the view that the cases can be transferred to the Family Court, Thiruvananthapuram. Accordingly, the Transfer Petitions are allowed. O.P.Nos.1167 of 2008 and 1178 of 2008 pending before the Family Court, Nedumangad shall stand transferred to the Family Court, Thiruvananthapuram. The Family Court, Nedumangad shall transmit the records of the case to the Family Court, Thiruvananthapuram. (K.T.SANKARAN) Judge ahz/