IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Tr.P(C).No. 241 of 2008() ------------------------- OP.480/2008 of FAMILY COURT,KOZHIKODE .................... PETITIONER (S): -------------------- PUNJAKKARA SUJATHA D/O.LATE DAMU, CHITTARIPARAMBA, KOLAYAD, KANNUR BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------- P.SHAJI, S/O.LATE DAMODARAN ABHILASH, VATTOLIPARAMBA KOMMERI PO., KOZHIKODE-7. ADV. SRI.K.M.FIROZ FOR R THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2009, ALONG WITH TPC NO.242 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------------- Tr.P(C) Nos.241 & 242 of 2008 ------------------------------------------------ Dated this the 10th day of February, 2009 ORDER These Transfer Petitions are filed by the wife of the respondent for transfer of O.P.No.480/08 and O.P.No.744/2008 pending before the Family Court, Kozhikode to the Family Court, Kannur where the M.C.No.255/2008 filed by the wife is pending. 2. The respondent husband filed O.P.No.480/08 against the petitioner to declare the marriage between them as null and void. O.P.No.744/2008 was filed by the husband claiming return of 6½ sovereigns of gold and Rs.40,000/-. M.C.No.255/08 was filed by the wife against the respondent before the Family Court, Kannur claiming maintenance. 3. It is stated that the petitioner is residing at Chittariparamba in Kannur District. She is not employed. Her father is no more. The petitioner has to maintain her aged mother. She has no brothers and she has only one sister. It is stated that if she were go to Kozhikode to conduct the cases filed by the husband before the Family court, Kozhikode, the petitioner would be put to great difficulties and prejudice. It is stated that the respondent is running a studio and resides at Calicut. There is not much difficulty for him to travel to Kannur or to attend the Camp Sitting Tr.PC Nos.241 & 242 /2008 2 at Thalassery and all the three cases can be considered by the Family Court, Kannur. 4. I am of the view that in the facts and circumstances of the case and to suit general convenience of the parties, it is necessary to transfer O.P.No.480/2008 and O.P.No.744/2008 pending before the Family Court, Kozhikode to Family Court, Kannur where M.C.No.255/08 filed by the wife is pending. I do so. It is submitted by the counsel for the petitioner as well as the counsel for the respondent that Camp Sittings are being held at Thalassery by the Family Court, Kannur. If the cases are taken at the Camp Sitting at Thalassery, it would be more convenient to both the parties. The Family Court, Kannur shall post the aforesaid three cases in its Camp Sitting at Thalassery. The Registry shall send copy of the order to the Family Court, Kozhikode and the Family Court, Kannur. Counsel on either side submitted that a direction may be issued to the Family Court, Kannur to dispose of the cases expeditiously. Accordingly, there will be a direction to the Family Court, Kannur to expedite the disposal of the cases. The Transfer Petitions are allowed as above. K.T.SANKARAN, JUDGE csl