IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Tr.P(C).No. 333 of 2010() ------------------------- OP.250/2008 of D.C. & SESSIONS COURT,KOZHIKODE .................... PETITIONER/RESPONDENT/HUSBAND:- ------------------------------------------------------ ANI @ ANJANEYAN, AGED 30 YEARS, S/O.M.N.KARTHA, B/4, CENTRAL ZONE APARTMENTS, AMMAN KOVIL ROAD, ERNAKULAM-682 035. (ADDRESS WRONGLY SHOWN AS "SIVARAM", KALVARY ROAD, POOTHOLE, THRISSUR IN CAUSE TITLE BEFORE FAMILY COURT, KOZHIKODE) BY ADV. SRI.T.K.VIPINDAS SMT.P.K.PRIYA RESPONDENT: PETITIONER/HUSBAND:- -------------------------------------------------------- ANJU THOMAS, D/O.MR.THOMAS, "PINKY BHAVAN", MOOZHIKKAL HOUSE, CHELAVOOR.P.O., CALICUT, KERALA, PIN-673 571. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2010 ALONG WITH OP(FC) NO.566/2010 & RP.NO.1022/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. = = = = = = = = = = = = Tr.P.(C).No.333 of 2010 & OP.(FC).No.566 of 2010 & R.P.No.1022 of 2010 = = = = = = = = = = = = Dated this 22nd day of December, 2010. JUDGMENT/ORDER Basant, J. Spouses are the contestants. The wife filed an application for divorce before the Family Court, Kozhikode in 2008. The husband filed a petition for restitution of conjugal rights before the Family Court, Ernakulam and that was pending as OP.No.1308/2010. The husband was set exparte in the petition before the Family Court, Kozhikode. Both parties filed petition for transfer of the cases to the court before which they had initiated proceedings. 2. When OP.No.250/2008 came up before the Family Court, Kozhikode it appears that the wife did not appear for Tr.P.(C).No.333/10 & OP.(FC).No.566/10 & R.P.No.1022/10. 2 counseling. The application filed to dispense with the requirement of counseling was dismissed and is against that order that OP(FC)No.566/2010 has been filed. Transfer Petition No.281/2009 filed by the husband to transfer OP.No.250/2008 to the Family Court, Ernakulam. Transfer Petition No.286/2010 was filed by the wife to transfer OP.No.1308/2010 from the Family Court, Ernakulam to the Family Court, Kozhikode. That petition was dismissed. R.P.No.1022/2010 has been filed by the wife to review that order. 3. We have heard counsel in all the three matters. It is submitted that the wife will be able to appear before the court on 20.03.2011. She shall be in India from 20.03.2011 to 15.04.2011. She is willing to appear before the court on any day during this period. If counseling is necessary she will appear before the court during this period. There may be a direction to dispose of the case as expeditiously thereafter as possible, submit both counsel. Tr.P.(C).No.333/10 & OP.(FC).No.566/10 & R.P.No.1022/10. 3 4. The next question is where the cases are to be posted for trial. According to the husband he is sick and is unable to travel. The wife submits that the husband has filed OP.No.1308/2010 only after the divorce petition was filed by her. 5. Having considered all relevant inputs, we have satisfied that both cases can be ordered to be tried before the Family Court, Malappuram. Appropriate time bound direction for disposal can also be given. 6. In the result, all these petitions are allowed. OP.No.250/2008 pending before the Family Court, Kozhikode and OP.No.1308/2010 pending before the Family Court, Ernakulam are transferred to the Family Court, Malappuram. The concerned courts shall transmit the records to the Family Court, Malappuram forthwith. Parties shall appear before the Family Court, Malappuram through counsel on 31.01.2011. The Family Court, Malappuram shall take steps for expeditious disposal of both OPs. Personal Tr.P.(C).No.333/10 & OP.(FC).No.566/10 & R.P.No.1022/10. 4 presence of the parties need be insisted by the Family Court only if it is absolutely essential. We accept the undertaking of the wife that she shall appear before the Family Court, Malappuram between 20.03.2011 and 15.04.2011 on any day as directed by the court. The Family Court, Malappuram will make earnest efforts to dispose of both the cases as expeditiously as possible, at any rate, by 30.05.2011. Compliance shall be reported to this Court. R.BASANT, (Judge) K.SURENDRA MOHAN, (Judge) Kvs/-