IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Tr.P(C).No. 39 of 2009() ---------------------------------- OP.(HMA) NO.798/2008 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER (S): RESPONDENT: ------------------------------- SANTHOSH KUMARI, ALUVILA VEEDU, PATTOM POST, THIRUVANANTHAPURAM. BY ADV. MR.M.SREEKUMAR RESPONDENT(S): PETITIONER: -------------------------- MANU, S/O.DIVAKARAN, DEEPTHI BHAVAN, KARINGANNOOR, KOTTARAKKARA. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.39 OF 2009 -------------------------- Dated this the 10th day of August 2009 ------------------------------------- O R D E R Petition is filed for transfer under Section 24 of the Code of Civil Procedure. Wife is the petitioner and respondent, the husband. Husband has filed a petition for dissolution of marriage as O.P (HMA) No. 798 of 2008 before the Family Court, Kottarakara, and the wife has filed a petition as O.P(HMA) No.1274 of 2008 for restitution of her conjugal rights before the Family Court Thiruvananthapuram. Wife seeks transfer of the petition filed by the husband as O.P(HMA) 798/2008 from the Family Court Kottarakara to the Family Court, Thiruvananthapuram. Tr.P.(C).No.39 OF 2009 Page numbers 2. Notice was ordered to the respondent, but after service he has not turned up. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find the request of transfer by the wife deserves consideration. The husband having elected to remain absent practically concedes that he has no objection to the transfer as prayed for. Further more, trial of both the petitions by the same court may be advantageous to the parties and it can also rule out conflicting decisions. O.P (HMA) No.798/2008 on the file of the Family Court, Kottarakara is ordered to be transfer to the Family Court, Thiruvananthapuram. Judge, Family Court, Kottarakara shall transmit the records of the above petition without delay. Family Court, Thiruvananthapuram on receipt of the records shall Tr.P.(C).No.39 OF 2009 Page numbers give notice to the parties for appearance. Petition is disposed subject to the above directions. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv