IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Tr.P(C).No. 114 of 2009() ---------------------------------- OP.178/2009 of FAMILY COURT, KOTTAYAM .................... PETITIONER ------------------- ANJUMOL, AGED 28 YEARS, D/O.K.L.. ANTONY, KONIKKARA HOUSE, KIZHAKKUMPATTUKARA, TRICHUR. BY ADV. MR.P.K.ANIL RESPONDENT(S): ------------------------ 1. LAWRENCE KURIEN, AGED 31 YEARS, S/O.LATE K.J. KURIEN, SRAMBIKKAL HOUSE, PERUNNA P.O., CHANGANASSERY, KOTTAYAM. 2. MRS.ROSAMMA KURIEN, RESIDING DO. 3. LOLITHA GEORGE, AGED 36 YEARS, C/O.GEORGE PHILIP, IGUS (INDIA) P LTD., 199/1, 22 MAIN, HSR LAY OUT, AGARA, BANGALORE. 4. GEORGE PHILIP, RESIDING DO. R1 & R2 BY ADV. MR.M.P.MADHAVANKUTTY, MR.GOKUL DAS V.V.H. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P(C).No.114 OF 2009 -------------------------- Dated this the 23rd day of July 2009 ------------------------------------- O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and first respondent, the husband. The other respondents are the mother, sister and brother-in-law of the first respondent. The wife has filed a petition as O.P 390/2009 before the Family Court, Trichur for return of ornaments and valuables allegedly retained by the husband and his close relatives. The husband has filed a petition as O.P 178/2009 before the Family Court, Kottayam seeking dissolution of the marriage. Petitioner seeks transfer of O.P 178/2009 from the Family Court, Kottayam to Family Tr.P(C).No.114 OF 2009 Page numbers Court, Trichur where O.P 390/2009 is pending for adjudication. 2. I heard the counsel on both sides. Wife's father is having cardiac problems and her aged mother is unable to accompany her to go over to Kottayam and it is convenient for both parties to have the trial of both the cases at Family Court, Trichur are the submissions made by the learned counsel for the wife for the relief claimed in the petition. On the other hand the learned counsel for the husband / respondent contended that the second respondent / mother of the husband sustained injuries in an accident in which her husband succumbed to the injuries sustained. It is practically impossible for her in the present condition to appear before the Family Court, Trichur if O.P 178/2009 is transferred to that court as desired by the wife. Tr.P(C).No.114 OF 2009 Page numbers 3. Having regard to the submissions made and taking note of the facts and circumstances presented and also the difficulties canvassed by the learned counsel for the respondents with regard to the second respondent / mother of the husband to attend Family Court, Trichur, also I find that it is advantageous for the parties to have the trial of both the cases before the same Family Court so that evidence if possible can be led in common and further, to avoid loss of precious time of the court. Further more the chances of conflicting decisions if the two cases are tried separately by two Family Courts can be ruled out. If that happens needless to point out resolving the disputes arising thereof may prolong the litigation for considerable period causing irreparable injury to both parties. So far as the difficulties expressed by the learned counsel for the Tr.P(C).No.114 OF 2009 Page numbers respondents as to the inconveniences of the second respondent / mother of the husband to go over to Family Court, Trichur in view of her physical ailments suffered by her in an accident I find that her presence as such may not be required in the above petition before the court as it is essentially a civil dispute, unless the court specifically directs presence of any of the parties may not be required. In case any direction is given from the Judge, Family Court for her appearance it is open to the respondents to bring to the notice of the court the condition of the second respondent and no doubt, then, the court will have to take note of it and pass appropriate orders. The transfer of O.P No.178/2009 on the file of the Family Court, Kottayam to the Family Court, Trichur where O.P 390/2009 is pending for adjudication is found to be essential for advancing the ends of justice, and it is ordered accordingly. Tr.P(C).No.114 OF 2009 Page numbers The Judge, Family Court, Kottayam shall transfer the records of the above O.P to the transferee court without delay. The petition is allowed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv