IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Tr.P(C).No. 77 of 2009 ------------------------------- OP.NO.43/2009 OF FAMILY COURT, KASARAGOD. .................... PETITIONER/RESPONDENT: ---------------------------------------- SHIJIMOL.M.C, D/O.AYYAPPAN CHANDRAN (MATHEW), PULLICKAL HOUSE, MADUKKA VILLAGE, MADUKKA KARA, MUNDAKKAYAM, KOTTAYAM DISTRICT. BY ADVS. MR.SAJAN VARGHEESE K, MR.LIJU. M.P. RESPONDENT/ PETITIONER: ----------------------------------------- SABU.M.U, S/O.LATE ULAHANNAN, MANIVAYALIL HOUSE, NP-6/247, PEROLE, NEELESWARAM POST, KASARGOD DISTRICT. BY ADV. MR.S.SHANAVAS KHAN. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P(C).No.77 OF 2009 -------------------------- Dated this the 17th day of July 2009 ------------------------------------- JUDGMENT Petition is filed under Section 24 of Code of Civil Procedure. Petitioner is the wife and respondent, the husband. Matrimonial disputes between the parties have given rise to three petitions, two of them now pending before the Family Court, Kottayam, and one before the Family Court, Kasargode. The present petition is filed by the wife seeking a transfer of the petition filed by the husband O.P No.43/2009 pending before the Family Court, Kasargode to the Family Court, Kottayam. The relief claimed by the husband in that petition is for decree for restitution of rights. Two other petitions filed by the wife as O.P No.1261/2008 and O.P 14/2009,the former for the Tr.P(C).No.77 OF 2009 2 dissolution of marriage and the latter for return of ornaments and valuables allegedly retained by the husband, are pending before the Family Court, Kottayam, in which it is submitted the conciliation proceedings are over. Petitioner is stated to be a practicing lawyer in the courts at Ernakulam. Her engagements as a lawyer and absence of any male member to accompany her to go over to Kasargode is canvassed for transfer of the O.P filed by the husband from Family Court, Kasargode to the Family Court, Kottayam. The husband is stated to be working as a Veterinary Surgeon in Trissur. Taking note of the above circumstances I find it will be advantageous to the parties to have all the three cases tried by the same court. Further more, if all the three cases are before the same court, that court can also consider whether joint trial of two or more cases are possible so that parties can lead common evidence. Another advantage is that Tr.P(C).No.77 OF 2009 3 conflicting decisions can also be avoided, which cannot be ruled out if cases are tried separately. Having regard to all the above, transfer of O.P 43/2009 from Family Court Kasargode to Family Court Kottayam where the other two petitions moved by the wife are pending, is found essential to meet the ends of justice, and it is ordered accordingly. Judge, Family Court, Kasargode is directed to transfer the records of the above case to the transferee court without delay. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv