IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 Tr.P(C).No. 26 of 2009() ------------------------ OP.1063/2008 of FAMILY COURT, NEDUMANGAD .................... PETITIONER (S): -------------------- D.R. REJITHAKUMARI, D/O. J. DENNISON, D.R.BHAVAN, IRA P.O., KARODE VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- G. FRANSIS, S/O. V. GEORGE, ARUVIKKARA VIA, VEEDU, ANAVOOR P.O., NEYYATTINKARA TALUK. ADV. SRI.G.UNNIKRISHNON FOR R SRI.K.SANEESH KUMAR FOR R THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.C.NO.26/09 ORDER IN IA NO.103/09 IN TRPC 26/2009 DISMISSED 19.3.2009 SD/- K.T.SANKARAN, JUDGE /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- Tr.P.(C).No.26 of 2009 --------------------------------------------- Dated this the 19th day of March, 2009 ORDER This Transfer Petition is filed by the wife seeking to transfer O.P.No.1063 of 2008 from the Family Court, Nedumangadu to the Family Court, Thiruvananthapuram to be tried along with M.C.No.5 of 2009 pending before the Family Court, Thiruvananthapuram. 2. O.P.No.1063 of 2008 was filed by the husband before the Family Court, Nedumangadu for divorce. M.C.No.5 of 2009 was filed by the wife before the Family Court, Thiruvananthapuram claiming maintenance. In the Transfer Petition, it is stated that the petitioner is residing within the jurisdiction of the Family Court, Thiruvananthapuram and that the marriage also took place within that jurisdiction. It is also stated that for convenience of both parties, transfer of the case from Family Court, Nedumangadu to the Family Court, Thiruvananthapuram is necessary. 3. The respondent husband opposed the application. The learned counsel for the respondent submitted that this Transfer Petition is filed only to protract the case pending before Tr.P.(C) No.26/2009 2 the Family Court, Nedumangadu. He filed the petition for divorce in the year 2008. On 3.1.2009, a Commissioner was appointed in O.P.No.1063 of 2008 for taking evidence. Immediately thereafter, on 5.1.2009, the petitioner wife has filed M.C.No.5 of 2009 before the Family Court, Thiruvananthapuram. This Transfer Petition is filed on 12.1.2009. According to the counsel for the respondent, the only purpose of filing the Transfer Petition is to delay the matters in O.P.No.1063 of 2008 and to prevent evidence being taken in that case. The contentions put forward by the respondent appear to be correct. The dates and events stated by him would clearly indicate that the prayer for transfer is not bonafide. Moreover, the distance from Thiruvananthapuram to Nedumangad is only less than 25 kms. It is not necessary to transfer the case from one court to the other. The Transfer Petition is devoid of merits and it is accordingly dismissed. K.T.SANKARAN, JUDGE csl