IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Tr.P(C).No. 177 of 2008() ------------------------- OP(DV.337/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER/RESPONDENT -------------------- SMITHA THOMAS, D/O.MYLAN THOMAS, KADAKASSERI HOUSE, S.V.MARKET PO., KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT/PETITIONER --------------- JOHN VARGHESE @ MANOJ, S/O. P.J.VARGHESE, CHERUPURATHU JOY VILLA PRAYAR MURI, PANDANADU (NORTH) VILLAGE CHANGANNUR TALUK (PRESENT ADDRESS) JOHN VARGHESE SOFTWARE ENGINEER, V.B.U.TIMES, SATHYAM COMPUTER SERVICES LTD., SATHYAM DEVELOPMENT CENTRE PLOT 45(P) KIADB. IND.AREA 2ND PHASE, ELECTRONIC CITY,BANGALORE-560100. ADV. SRI.P.C.JOSEPH PAZHEPARAMBIL FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------- Tr.P.C. No. 177 OF 2008 ------------------------------- Dated this the 5th December, 2008. O R D E R Heard both sides. 2. Counsel for the respondent submits that the allegations made for the purpose of transfer are false. 3. Petitioner is the wife of the respondent. She has filed Annexure A2 petition claiming maintenance against the respondent and the respondent has filed Annexure A1 petition for a decree of divorce and these two cases are respectively pending before the Family Court, Kollam and Family Court, Alappuzha. It is only proper that to suit the convenience of the petitioner/wife O.P.337/2008 (Annexure A1) pending before the Family Court, Alappuzha is transferred to the Family Court, Kollam. In the result I order that O.P.337/2008 pending before the Family Court, Alappuzha filed by the respondent shall stand transferred to the Family, Court, Kollam where M.C.159/2008(Annexure A2) filed by the petitioner is Tr.P.C.177/2008 2 pending. Transfer petition is thus allowed. K.P.BALACHANDRAN JUDGE jj