IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 Tr.P(C).No. 337 of 2010() ---------------------------------- OP.346/2010 of FAMILY COURT, THODUPUZHA .................... PETITIONER/RESPONDENT IN THE FAMILY COURT. -------------------------------------------------------------------------- THRESEA @ PHILOMINA JOHN, W/O.JOHN JOSEPH, AGED 45 YEARS,RESIDING AT THAZATHUMKKATTIL HOUSE, VETTIMUKAL KARA, VETTIMUKAL PO, EATTUMANNOOR, KOTTAYAM DISTRICT. BY ADVS. SRI.AJEESH S.BRITE SMT.DHRISYA MOHAN RESPONDENT(S): PETITIONER IN THE FAMILY COURT ------------------------------------------------------------------------------- JOHN JOSEPH, S/O.JOSEPH, AGED 47 YEARS, RESIDING AT THOTTIYIL HOUSE, PASUPPARA KARA,UPPUTHARA VILLAGE, PEERUMEDU TALUK, IDUKKI DISTRICT. BY ADV. SRI.V.G. ARUN SRI.T.R.HARIKUMAR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2011, ALONG WITH TPC NO.354 OF 2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. ----------------------------------------- Tr.P.(C).Nos.354 of 2010 and 337 OF 2010 ----------------------------------------- Dated this the 13th day of January, 2011 ORDER Tr.P.(C).No.354 of 2010 is filed by the husband while, Tr.P.(C).No.337 of 2010 is filed by the wife. The prayer made by the husband is to transfer OP No.1159 of 2010 pending before the Family Court, Kottayam to the Family Court Thodupuzha while, the prayer made by the wife is to transfer OP (Div.) No.346 of 2010 pending before the Family Court, Thodupuzha to the Family Court, Kottayam at Ettumannoor. As between the parties, several cases are pending before different courts. OP(Div.) No.346 of 2010 was filed by the husband before the Family Court Thodupuzha for divorce. M.C.No.336 of 2010 was filed by the wife before the Family Court, Ettumannoor claiming maintenance. OP No.1159 of 2010 was filed by her before the Family Court, Ettumannoor for return of gold ornaments and Tr.P.(C).Nos.354 of 2010 and 337 OF 2010 2 money. Apart from these three cases, it is stated that another case is pending before the Magistrate's Court at Peerumedu initiated by the wife under the Protection of Women from Domestic Violence Act. 2. The husband belongs to Elappara. The marriage between the parties was solemnized in 1984. Two children were born in that wedlock. The daughter of the parties committed suicide. The husband resides at Elappara. The wife resides at Ettumannoor. 3. According to the husband, he is not in a position to attend the Family Court, Kottayam at Ettumannoor to conduct OP No.1159 of 2010 because of the threat made by the wife and her brothers. According to the wife, two cases are pending before the Family Court, Ettumannoor and she is not in a position to appear before the Family Court, Tr.P.(C).Nos.354 of 2010 and 337 OF 2010 3 Thodupuzha to conduct the Original Petition filed by the husband for divorce. 4. According to the husband, the wife is leading a luxurious life. The husband says that she possess seven sim cards, three mobile phones, 500 sarees and 200 chappels. The wife says that the daughter committed suicide because of the cruelty meted out by the husband. There are allegations and counter allegations. The wife says that she cannot appear before the Family Court, Thodupuzha while, the husband says that he cannot appear before the Family Court, Ettumannoor. 5. It is submitted by the counsel appearing for the parties that the distance from Elappara to Thodupuzha is about 100 K.Ms. and Elappara to Ettumannoor is also about 100 K.Ms. The distance between Thodupuzha and Ettumannoor is 65 K.Ms. Tr.P.(C).Nos.354 of 2010 and 337 OF 2010 4 6. After having heard the counsel appearing for the parties and taking into account the allegations and counter allegations made by the husband and the wife, and also taking into account the reasons stated by both the parties for transfer of the cases, I am of the view that it would be ideal, if all the cases are transferred to another Family Court, so that all the cases could be disposed of by that Family Court. Accordingly, the Transfer Petitions are disposed of as follows: OP (Div.) 346 of 2010 pending before the Family Court, Thodupuzha shall stand transferred to Family Court, Thiruvalla. OP No.1159 of 2010 pending before the Family Court, Ettumannoor shall stand transferred to the Family Court, Thiruvalla. Though the husband and the wife have not filed any Transfer Petition to transfer M.C.336 of 2010, the counsel for both sides submitted that exercising the suo motu power of the court, the M.C. also may Tr.P.(C).Nos.354 of 2010 and 337 OF 2010 5 be transferred to the Family Court, Thiruvalla. Accordingly, M.C.336 of 2010 pending before the Family Court, Ettumannoor shall stand transferred to the Family Court, Thiruvalla. The respective Family Courts shall transmit the records to the Family Court, Thiruvalla. The parties shall appear before the Family Court, Thiruvalla on 17th February, 2011. The Transfer Petitions are disposed of as above. K.T.SANKARAN, JUDGE. cms