IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Tr.P(C).No. 265 of 2009 --------------------------------- (O.P(DIVORCE)154/2009 & OP.NO.692/2007 OF FAMILY COURT, KOTTARAKKARA) .................... APPLICANT/PETITIONER/RESPONDENT: ---------------------------------------------------------- BINITHA HAREENDRAN, AGED 29 YEARS, D/O.K.BALACHANDRAN, CHAITHARAM, THEKKEMURI, NEAR C.V.K.H.S.S., EAST KALLADA, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. MR.A.MOHAMMED. RESPONDENT/RESPONDENT/PETITIONER: -------------------------------------------------------------- V.G.HAREENDRAN, AGED 38 YEARS, S/O.VENUGOPALAN, HARINIVAS, KUNNATHOOR EAST P.O., KUNNATHOOR VILLAGE, SASTHAMKOTTA TALUK, KOLLAM DISTRICT. BY ADVS. MR.K.V.VINODKUMAR, MR.S.RAJEEV. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- TP(C) No.265 of 2009 ------------------------------------- Dated 11th March 2010 Order This is a Petition filed under S.24 CPC, seeking to transfer OP(Divorce) No.154/09 and OP No.692/07 of Family Court, Kottarakkara to Family Court, Kollam. 2. The petitioner herein is the respondent in OP No.154/09 before the Family Court. The OP filed by her as OP No.692/07 is also pending before the said Court. 3. The marriage between the petitioner and the respondent was solemnized on 18.08.2002. The reasons for filing the above said OPs are stated in this Petition, which are not relevant for the purpose of disposing of this Petition. The petitioner submits that her father is bedridden and she finds it very inconvenient to reach Kottarakkara to attend the Court. TPC 265/09 2 Therefore, she prays for transfer of the above said OPs to the Family Court, Kollam. 4. The learned counsel for the respondent pointed out that the evidence in the cases before the Family Court, Kottarakkara has already started and therefore, there is no meaning in seeking transfer of the cases, now. 5. If as a matter of fact, the evidence in the cases has already started, as rightly pointed out by the learned counsel for the respondent, there is no meaning in transferring the cases. But, on the other hand, if no evidence has been adduced in the cases and they are pending trial, it will be only just and proper that the cases be transferred to Family Court, Kollam, as prayed for by the petitioner. Accordingly, this Transfer Petition is allowed and OP Nos.154/09 and 692/07 of Family Court, Kottarakkara will stand transferred to the Family Court, Kollam, provided TPC 265/09 3 evidence has not commenced in both the cases. P.BHAVADASAN, JUDGE sta TPC 265/09 4