IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Tr.P(C).No. 21 of 2010() ------------------------ OP.824/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER ------------------------------ SREERENJINI, AGED 33 YEARS, D/O.VIJAYAKUMAR, GOMATHI BHAVAN, THULAMPARAMBU, HARIPPAD VILLAGE. BY ADV. SRI.S.MOHANAN RESPONDENT(S): --------------- 1. RAJESH, AGED 35 YEARS, S/O.RAJASEKHARAN PILLAI, KAMALALAYAM HOUSE, PERINADU P.O., KOLLAM. 2. RAJASEKHARAN PILLAI, AGED 62 YEARS, S/O.KOCHU PILLAI, KAMALALAYAM HOUSE, PERINADU P.O., KOLLAM. 3. LELITHADEVI, AGED 57 YEARS, W/O.KOCHU PILLAI, KAMALALAYAM HOUSE, PERINADU P.O., KOLLAM. 4. RAJASREE, AGED 36 YEARS, D/O.LELITHADEVI, KAMALALAYAM HOUSE, PERINADU P.O., KOLLAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.21 of 2010 -------------------------------------- Dated this the 29th day of July, 2010. ORDER This petition is filed by the wife seeking transfer of O.P. No.824 of 2008 from Family Court, Alappuzha to Family Court, Kollam. That is a petition filed by petitioner for recovery of ornaments and other reliefs. It is stated that O.P.(HMA) No.595 of 2009 filed by petitioner claiming restitution of conjugal rights is pending in Family Court, Kollam. Respondent No.1 has filed O.P.(HMA) No.470 of 2007 for divorce which also is pending in Family Court, Kollam. It is stated that consolidation and joint trial of these cases are necessary and that in the meantime parties have almost settled the case. 2. It is seen from the petition that petitioner/wife is a resident of Thulamparambu in Harippad Village while respondent is a resident of Perinadu in Kollam District. Transfer of the case to Family Court, Kollam will not in any way cause much inconvenience to the respondent. Since two other cases are pending in Family Court, Kollam I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: i. O.P. No.824 of 2008 pending in Family Court, Alappuzha is withdrawn from that court and made over to Family Court, Kollam for trial and disposal. Tr.P.(C) No.21/2010 2 ii. It is made clear that except when the physical presence of parties is required in the transferee court it is open to them to appear through counsel. iii. The transferor court shall, while transmitting records of the case to the transferee court fix date for appearance of parties in the transferee court with due intimation to the counsel on both sides. iv. The transferee court shall ensure that as far as possible all the cases are posted on the same dates. I.A.No.160 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks