IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 TR.P(C).NO. 360 OF 2009() ---------------------------------------- OP.253/2009 OF FAMILY COURT, THODUPUZHA .................... PETITIONER --------------------- T.S.JAYALAKSHMI, D/O.KRISHNA PILLAI, RESIDING AT THEKKAYIL, PULLIYANNOOR KARA, PUYLIYANNOOR P.O., MUTHOLI VILLAGE, PALAI. BY ADV. SRI.M.R.SARIN RESPONDENT(S): ------------------------ SOMASEKHARAN NAIR, S/O.NARAYAN NAIR, RESIDING AT KOCHUTHAZHATHU HOUSE, MUTHALAKODAM P.O., THODUPUZHA. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.360 of 2009 ==================================== Dated this the 15th day of September, 2010 O R D E R Respondent is served on the petition but he has not responded. 2. This petition is filed by the wife seeking transfer of O.P. No.253 of 2009 from Family Court, Thodupuzha to Family Court, Kottayam at Ettumanoor. Petitioner is a resident of Puliyanoor in Mutholi Village, Palai. Petitioner filed M.C. No.303 of 2009 in Family Court, Kottayam, at Ettumanoor claiming maintenance from the respondent-husband. Respondent has filed O.P. No.253 of 2009 in Family Court, Thodupuzha for dissolution of marriage. Though distance wise petitioner has no reason to seek transfer, request is based on pendency of the case at Thodupuzha. Since M.C. No.303 of 2009 is pending in Family Court, Kottayam at Ettumanoor and so far there is no request for transfer of that case to Thodupuzha it is appropriate that both the cases are decided by the same court. Hence I am inclined to allow this petition. Resultantly, petition is allowed in the following lines: Tr.P(C) No.360 of 2009 -: 2 :- (i) O.P. No.253 of 2009 pending in Family Court, Thodupuzha is withdrawn from that court and transferred to Family Court, Kottayam, at Ettumanoor. (ii) The transferor court while transmitting records of the case to the transferee court shall fix date for appearance of parties in the transferee court with due intimation to the counsel for both parties. (iii) The transferee court shall ensure that all the cases are posted on the same dates, as far as possible. (iv) It is made clear that except when physical presence of respondent in court is necessary he can appear through counsel. THOMAS P. JOSEPH, JUDGE. vsv