IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 Tr.P(C).No. 8 of 2009 TO TRANSFER OP.NOS.350/2008 AND 361 OF 2008, FROM FAMILY COURT, THODUPUZHA TO THE FAMILY COURT, ERNAKULAM. PETITIONER: PETITIONER : RAHEL ALIAS RACHEL, AGED 40 YEARS, D/O.LATE MATHEW, MANKUDIYIL HOUSE, VADAKODE P.O., B.M.C. VIA, KANGARAPPADY, COCHIN - 682 021. BY ADV. SMT.P.F.ROSY@ MRS.ROSY GEORGE SMT.K.T.LILLY @ LILLY JAMES RESPONDENT: RESPONDENT: MATHEW ALIAS JOY, AGED 43 YEARS, S/O.DEVASYA MATHAI, PULLATTUKUDIYIL HOUSE, RESIDING AT KATTIKKAYAM, MALAYINCHI P.O. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: I.A.NO.32/2009 IN TR.P.C.NO.8/2009 DISMISSED 12/3/2009 SD/- K.T.SANKARAN, JUDGE. //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ TR.P.(C) NO. 8 OF 2009 ------------------------------------------------------ Dated this the 12th March, 2009 O R D E R The prayer in this Transfer Petition is to transfer O.P.Nos.350 of 2008 and 361 of 2008, pending before the Family Court, Thodupuzha to the Family Court, Ernakulam, wherein M.C.No.387 of 2008 is pending. 2. The petitioner is the wife of the respondent. O.P.No.350 of 2008 was filed by the petitioner before the Family Court, Thodupuzha for declaration of title in respect of the immovable property. O.P.No.361 of 2008 was also filed by the petitioner before the Family Court, Thodupuzha for return of money and ornaments. M.C.No.387 of 2008 was filed by the petitioner before the Family Court, Ernakulam claiming maintenance. All these cases are pending. 3. The petitioner says that she is unemployed. She has no parents and brothers. All the sisters of the petitioner are married. There is nobody to accompany her to Thodupuzha to attend the Family Court therein. In these circumstances, she submits that unless the cases are transferred from the Family Court, Thodupuzha to the Family Court, Ernakulam, she would be put to great prejudice. The petitioner is residing in Ernakulam. The respondent resides near Thodupuzha. He is an TR.P.(C) NO. 8 OF 2009 :: 2 :: agriculturist. The Transfer Petition is opposed by the respondent. He states that it would be difficult for him to travel from Thodupuzha to Ernakulam. The fact remains that M.C.No.387 of 2008 is pending before the Family Court, Ernakulam. At any rate, he has to come to Ernakulam. He has not made any application to transfer M.C.No.387 of 2008 to any other Court. Therefore, to suit the general convenience of parties and to avoid continuance of different proceedings in different courts and also to obviate the difficulties of the petitioner in attending the Family Court, Thodupuzha, it is only just and proper to transfer the cases pending before the Family Court, Thodupuzha to the Family Court, Ernakulam to be tried along with M.C.No.387 of 2008, pending before the Family Court, Ernakulam. 4. It is submitted by the learned counsel appearing for the respondent that before the Family Court, Thodupuzha, M.C.No.148 of 2008, filed by the petitioner is pending. Learned counsel for the petitioner submits that it is true that M.C.No.148 of 2008 was filed before the Family Court, Thodupuzha, but that was later withdrawn and another maintenance case was filed before the Family Court, Ernakulam. It is also submitted by the counsel for the petitioner that the maintenance case filed before the Family Court, Thodupuzha was withdrawn because there was no sitting in Family Court, Thodupuzha for several months. TR.P.(C) NO. 8 OF 2009 :: 3 :: In these facts and circumstances, the Transfer Petition is allowed. O.P.Nos.350 of 2008 and 361 of 2008, pending before the Family Court, Thodupuzha, shall stand transferred to the Family Court, Ernakulam, where M.C.No.387 of 2008 is pending. Registry shall send a copy of the order to the Family Court, Thodupuzha and the Family Court, Ernakulam. (K.T.SANKARAN) Judge ahz/