IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Tr.P(C).No. 141 of 2010() ------------------------- OP.200/2010 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER: ---------------------- ELIZABETH KOSHY, D/O.KOSHY CHERIAN, AGED 33, 6C NORTH TOWER, ORIENTAL GARDENS, KARUKAPPALLY, KALOOR, COCHIN-20. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): --------------- VINOD CHERIAN, S/O.A.C.CHERIAN, ALUMMOOTTIL HOUSE, NEAR MULAVARA WEIGH BRIDGE, KUNNUKARA, PULAMAN JUNCTION, KOTTARAKKARA-691 531. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2011, ALONG WITH TPC NO.175 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- Tr.P.(C).No.141 of 2010 & Tr.P.(C) No.175 of 2010 --------------------------------------- Dated this the 1st day of April, 2011 O R D E R Transfer Petition No.141 of 2010 is filed by Elizabeth Koshy, the wife of the respondent Vinod Cherian, to transfer O.P.No.200 of 2010 pending before the Family Court, Kottarakara to the Family Court, Ernakulam where O.P.No.593 of 2010 and M.C.No.99 of 2010 are pending. 2. Transfer Petition No.175 of 2010 is filed by the father-in-law and mother-in-law of Elizabeth Koshy seeking to transfer O.P.No.593 of 2010 pending before the Family Court, Ernakulam to the Family Court, Kottarakara. Elizabeth Koshy, the petitioner in Tr.P.C.No.141 of 2010 is residing at Ernakulam. The marriage between her and Vinod Cherian took place at Thiruvalla within the Tr.P.C.Nos.141 & 175/2010 2 jurisdiction of the Family court, Thiruvalla. The wife filed O.P.No.593 of 2010 on the file of the Family Court, Ernakulam against her husband and in-laws for recovery of household articles and money. She also filed M.C.No.99 of 2010 before the Family court, Ernakulam against her husband claiming maintenance. Vinod Cherian, the husband of Elizabeth Koshy, filed O.P.No.200 of 2010 before the Family Court, Kottarakara for divorce. All the three cases are pending. 3. The in-laws of Elizabeth Koshy say that they are aged 72 and 64 years and they are not in a position to undertake travel from Kottarakara, their place of residence, to Ernakulam to conduct O.P.No.593 of 2010. Elizabeth Koshy says that she is residing at Ernakulam and she has no job. She was brutally attacked by the husband and she suffered from serious injuries. She is not in a position to attend the Family Court, Kottarakara in these circumstances. She also says that O.P.No.200 of 2010 pending before the Family Tr.P.C.Nos.141 & 175/2010 3 Court, Kottarakara is liable to be transferred to the Family Court, Ernakulam where the other cases are pending. 4. Learned counsel appearing for Elizabeth Koshy submits that the in-laws of Elizabeth Koshy used to travel to United States of America frequently. Sri.Sathyanatha Menon, the learned counsel appearing for the in-laws of Elizabeth Koshy submitted that they had gone to U.S.A. only once. It is not necessary to resolve all these disputes for the purpose of disposal of these applications. 5. The fact remains that there are there cases pending between the parties. Two case are pending before the Family Court, Ernakulam and one case is pending before the Family Court, Kottarakara. The husband of Elizabeth Koshy is working abroad. The in-laws of Elizabeth Koshy are residing at Kottarakara. Elizabeth Koshy resides at Ernakulam. The in-laws say that they are unable to attend the Family Court, Tr.P.C.Nos.141 & 175/2010 4 Ernakulam after travelling a long distance. Elizabeth Koshy says that she is not in a position to go to Kottarakara to attend the Family Court there. Taking into account all the facts and circumstances of the case, I am of the view that to suit the general convenience of the parties and to avoid inconvenience for both parties, it would be ideal, if all the three cases are tried and disposed of by the Family Court, Alappuzha. If the cases are transferred to the Family Court, Alappuzha, the in-laws of Elizabeth Koshy need not travel that much distance as they had to travel to attend the Family Court, Ernakulam. Accordingly, the Transfer Petitions are allowed as follows : (i) O.P.No.593 of 2010 and M.C.No.99 of 2010 pending before the Family Court, Ernakulam shall stand transferred to the Family Court, Alappuzha. The Family Court, Ernakulam shall transmit the records Tr.P.C.Nos.141 & 175/2010 5 of the cases to the Family Court, Alappuzha. (ii) O.P.No.200 of 2010 pending before the Family Court, Kottarakara shall stand transferred to the Family Court, Alappuzha. The Family Court, Kottarakara shall transmit the records of the case to the Family Court, Alappuzha. (iii) The parties shall appear before the Family Court, Alappuzha on 26.5.2011. K.T.SANKARAN JUDGE csl