IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Tr.P(C).No. 145 of 2008() --------------------------------- OP.65/2008 of FAMILY COURT, KALPETTA, WAYANAD. .................... PETITIONER ------------------- T. SHIBU, AGED 33 YEARS, S/O. T.K.NARAYANAN, KANIYATHTHAZHAM HOUSE, AMBALAKOTH P.O.MEDICAL COLLEGE, KOZHIKODE- 673 008 BY ADV. MR.MANJERI SUNDER RAJ MR.B.PREMNATH (E) RESPONDENT(S): ------------------------ K.S. SOPHIA @ K.S. SHIBA AGED 27 YEARS, D/O. SHASHIDARAN PILLAI, PARISON TEA ESTATE QUARTERS, CHIRAKARA, P.O. MANANTODDY, WAYANAD 670 644. BY ADV. MR.P.C.SASIDHARAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.145 of 2008 --------------------------------- Dated this the 9th day of June, 2009 J U D G M E N T This transfer petition if filed by the petitioner, hereinafter referred to as the husband, in a matrimonial proceedings seeking the following relief: “To direct transfer of O.P.No.65/2008 pending before Family Court, Kalpetta to the Family Court, Kozhikode for the purpose of joint trial with O.P.No.295/2008 pending there” 2. Petitioner has filed O.P.No.295/2008 against the respondent, hereinafter referred as the wife, before the Family Court, Kozhikode seeking restitution of conjugal rights. Wife has filed another petition as O.P.65/2008 before the Family Court, Kalpetta. In this transfer petition, transfer of O.P.No.65/2008 on the file of Family Court, Kalpetta to Family Court, Kozhikode for joint trial with O.P.No.295/2008 was prayed for. At the time of hearing, it is submitted that O.P.NO.295/2008 pending before the Family Court, Kozhikode has been disposed passing a decree for restitution of conjugal rights in favour of the husband. When that Tr.P.C.No.145 of 2008 2 be so, I find a joint trial of the two petitions to sustain the relief claimed in the petition has become infructuous, as one petition has already been disposed of. If at all the petitioner has any other ground for transfer of O.P.No.65/2008 moved by the wife for divorce which is pending before the Family Court, Kalpetta, he is at liberty to file a proper petition for such transfer. Petition is dismissed subject to the observation made above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-