IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 TR.P(C).No. 6 of 2009 TO TRANSFER OS.99/2008 PENDING BEFORE THE MUNSIFF COURT, PERINTHALMANNA TO FAMILY COURT, PALAKKAD. PETITIONER R.RAJESH, S/O.RAGHAVAN, VADAKKEKARA KALAM, VAVOLLIAPURAM POST, PALAKKAD DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: 1. ANU P.DAS, D/O.RAM MOHANDAS, PARAMBANATT HOUSE, PONNAMKAYAM, THIRUVAMBADY AMSOM, THIRUVAMBADY P.O. KOZHIKODE TALUK. 2. REGISTRAR, HINDU MARRIAGE REGISTRATION RULES (SECRETARY, ANGADIPURAM GRAMA PANCHAYAT) P.O.ANGADIPURAM, ANGADIPURAM AMSOM, DESOM, PERINTHALMANNA TALUK. R1 BY ADV. SRI.K.GOPALAKRISHNA KURUP THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ TR.P.(C) NO. 6 OF 2009 ------------------------------------------------------ Dated this the 4th March, 2009 O R D E R This Transfer Petition is filed seeking to transfer O.S.No.99 of 2008, on the file of the Munsiff's Court, Perinthalmanna to the Family Court, Palakkad, for being tried along with O.P.No.828 of 2008, pending before the Family Court, Palakkad. 2. The petitioner filed O.P.No.828 of 2008, on the file of the Family Court, Palakkad against the first respondent for restitution of conjugal rights. The first respondent filed O.S.No.99 of 2008, on the file of the Court of the Munsiff of Perinthalmanna, against the petitioner to set aside the certificate of marriage issued by the second respondent on 26.6.2008. According to the first respondent, there was no marriage between the petitioner and the first respondent, but under the pretext that a marriage was solemnized, a certificate of marriage was obtained from the office of the second respondent. 3. The Transfer Petition is opposed by the first respondent. According to the first respondent, a suit pending before the civil court, which is not a matter coming within the purview of Explanation to Section TR.P.(C) NO. 6 OF 2009 :: 2 :: 7 of the Family Courts Act, cannot be transferred to a Family Court. Learned counsel appearing for the petitioner submitted that O.S.No.99 of 2008 is not maintainable before the civil court as the dispute involved therein squarely comes within the purview of Explanation to Section 7 of the Family Courts Act. The counsel for the petitioner submits that the petitioner intends to move the Munsiff's Court, Perinthalmanna in O.S.No.99 of 2008 challenging the jurisdiction of the civil court to deal with the matter involved in the suit. 4. If O.S.No.99 of 2008 is not maintainable before the civil court, naturally, the matter has to go before the Family Court having jurisdiction. Now the suit is pending before the civil court. The petitioner has not so far raised before the civil court his contention that the suit is not maintainable and that the suit is hit by Section 7 of the Family Courts Act. If such a contention is accepted, there is no necessity for granting the prayer which is now sought for in the Transfer Petition. So the first question to be considered is whether O.S.No.99 of 2008 is maintainable before the civil court. The petitioner has to approach the Munsiff's Court, Perinthalmanna for that purpose. 5. Accordingly, the Transfer Petition is closed with liberty to the petitioner to approach this Court if occasion arises. TR.P.(C) NO. 6 OF 2009 :: 3 :: Learned counsel for the petitioner submits that if, by any chance, there occurs delay in considering the question of jurisdiction of the civil court in O.S.No.99 of 2008, there is a likelihood of O.P.No.828 of 2008 being proceeded with before the Family Court, Palakkad. Counsel for the petitioner, therefore, prays that till the question of jurisdiction is decided in O.S.No.99 of 2008, Munsiff's Court, Perinthalmanna, proceedings in O.P.No.828 of 2008, Family Court, Palakkad, may be directed to be kept in abeyance. This request is just and reasonable and it is not opposed by the learned counsel appearing for the respondents. Accordingly, there will be a direction to the Family Court, Palakkad to keep in abeyance all the proceedings in O.P.No.828 of 2008 till the question of jurisdiction of the civil court is decided in O.S.No.99 of 2008, Munsiff's Court, Perinthalmanna. (K.T.SANKARAN) Judge ahz/