IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 Tr.P(C).No. 46 of 2009() ------------------------------ OP.62/2003 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: ---------------- WILSON, 45 YEARS, S/O.JOHNSON, “WILSVIHAR”, CHARUVILA, KOTTUKAL NELLIMOODU PO., THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT : ----------------- CHRISTI BHAI, D/O.ROSELY, 'BETHEL BHAVAN', MANCHAKUZHY, PANNIYODU, KATTAKADA, ELAKKOD DESOM THIRUVANANTHAPURAM. ADV. SRI.G.SUDHEER THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2009, ALONG WITH TPC NO.80 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING : Tr.P(C).No. 46 of 2009 ORDER ON I.A.NO.290/2009 IN TR.P.(C) NO.46/2009 DISMISSED 06.04.2009 SD/- K.T.SANKARAN, JUDGE -TRUE COPY- P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------- Tr.P.(C) Nos.46 & 80 OF 2009 --------------------------------------- Dated this the 6th day of April, 2009 O R D E R Transfer Petition No.46/2009 is filed by the husband while Transfer Petition No.80/2009 is filed by the wife. 2. Three cases are pending between the parties. O.P.No. 62/2003 on the file of the Family Court, Trivandrum was filed by the wife for recovery of gold ornaments and marriage expenses of the daughters. M.C.No.20/2009 was filed by the wife before the Family Court, Trivandrum claiming enhancement of maintenance awarded in M.C.No.45/2005 on the file of the Family Court, Nedumangad. O.P.No.1081/2007 pending before the Family Court, Nedumangad was filed by the husband for divorce. The prayer of the wife is to transfer O.P.No.1081/2007 to the Family Court, Trivandrum while the prayer made by the husband is to transfer O.P.No.62/2003 pending before the Family Court, Trivandrum to the Family Court, Nedumangad. 3. The wife says that she belongs to Panniyodu within the jurisdiction of Family Court, Nedumangad. According to Tr.P.(C) Nos.46 & 80 of 2009 2 her, she was residing in a hut and due to lack of resources to maintain the same, the hut got destroyed. Now she is residing in a relative's house at Sreekaryam within the jurisdiction of the Family Court, Trivandrum. The husband belongs to Nellimood, within the jurisdiction of Family Court, Trivandrum. He is working as a Cook in the Police Department, in SAP Camp, Peroorkada. The husband contends that the wife has a house at Panniyodu and that her case that the hut was destroyed is not fully correct. 4. It would be convenient for all the parties if all the three cases are tried by the same Family Court. O.P.No.62/2003 filed by the wife before the Family Court, Trivandrum is the case filed first in point of time. Both parties are residing at places within the jurisdiction of Family Court, Trivandrum. I am of the view that in the facts and circumstances of the case, it would be ideal if all the cases are tried by the Family Court, Trivandrum. If O.P.No.1081/2007 pending before the Family Court, Nedumangadu is transferred to Family Court, Trivandrum, no hardship would caused to the husband, since he is admittedly working at Trivandrum and Tr.P.(C) Nos.46 & 80 of 2009 3 residing within the jurisdiction of the Family Court, Trivandrum. 5. Accordingly, the Transfer Petition No.80/2009 filed by the wife is allowed and the Transfer Petition No.46/2009 filed by the husband is dismissed. O.P.No.1081/2007 on the file of the Family Court, Nedumangad shall stand transferred to the Family Court, Trivandrum where O.P.No.62/2003 and M.C.No.20/2009 and M.C.No.20/2009 are pending. The Family Court, Trivandrum shall dispose of all the three cases as expeditiously as possible and at any rate within a period of six months. The Registry shall communicate copy of the order to the Family Court, Nedumangad and the Family Court, Trivandrum. K.T.SANKARAN JUDGE pac