IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Tr.Appeal(C).No. 5 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN TR.P.C. 333/2008 & ORDER IN RP.132/2009 Dated 04/02/2009 OP.1603/2008 of FAMILY COURT,ERNAKULAM .................... APPELLANT/PETITIONER: --------------------------------------- BAIJU VARGHESE, AGED 42 YEARS S/O.LAE V.J.VARGHESE,VILANGATTIL HOUSE VENNALA PO, CHALIKKAVATTOM, ERNAKULAM DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT(S)/RESPONDENTS: ---------------------------------------------- SUNI THOMAS, AGED 34 YEARS D/O. P.M.THOMAS, PULAYAN PARAMBIL, ALANAD PO PALA, KOTTAYAM. ADV. SRI.P.BABU KUMAR THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Tr. Appeal No. 5 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of June, 2009. JUDGMENT Raman, J, Two petitions were filed before the Family Court, Ernakulam. One is for custody of the child and the other for divorce. Subsequently the petition for custody of the child is transferred at the instance of the wife to Family Court, Kottayam. When subsequently the husband moved for transfer of the divorce petition also to Kottayam, this was opposed by the wife. A transfer petition filed before this court was partly allowed enabling to move a fresh transfer application after the examination of the Doctor concerned. Against which the present appeal is preferred. 2. So long as the parties are same and one of the petitions having been transferred to Kottayam, normally the person at whose instance the earlier matter had been transferred to Kottayam should welcome a move for the transfer, so that it will be convenient to both the parties to appear before the same Family Court, and adduce evidence. The court will also be able to understand the family disputes between the parties and if possible can even bring a settlement of all the Tr.Appeal.5/2009. 2 disputes, if agreed. It will not be in the interests of either party to appear in two different courts on different dates. It will only cause inconvenience to both of them. If for any reason any Doctor practicing at Ernakulam is to be examined, certainly the Family Court can summon them to Kottayam or at the instance of either party, examination can be conducted by appointing a Commissioner. Hence the matter need not await for the examination of the Doctor at this stage. In the result, we allow the transfer application. Accordingly, O.P.1603 of 2008 pending before Family Court, Ernakulam will stand transferred to Family Court, Kottayam. On receipt of the same, Family Court, Kottayam will re-number the same and dispose of the case along with O.P.135 of 2008 pending before Family Court, Kottayam. P.R. Raman, Judge P. Bhavadasan, Judge sb.