IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Tr.P(C).No. 66 of 2009() ------------------------ OP.94/2009 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR .................... PETITIONER (S): -------------------- ANCHANA BABU, D/O.BABU T.MATHEW, THYCHERIL HOUSE, ANGAMALY SOUTH P.O. BY ADV. SRI.JOSE THETTAYIL SMT.RESHMI JACOB RESPONDENT(S): --------------- PRAJIL THOMAS, S/O.P.M.ANTHRAYOSE, PADINJAREVEETIL HOUSE, VAKATHANAM, PUTHENCHANTHA P.O., KOTTAYAM. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TPC 66/2009 ORDER IN IA NO.537/09 IN TR.P.C.NO.66/2009 DISMISSED 7.4.2009 SD/- K.T.SANKARAN, JUDGE /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. -------------------------------- Tr.P.(C).No.66 of 2009 -------------------------------- Dated this the 7th day of April, 2009 ORDER The petitioner seeks transfer of O.P.(Divorce) No.94 of 2009 pending before the Family Court, Kottayam at Ettumanoor to the Family Court, Ernakulam where O.P.Nos.257 of 2009 and 258 of 2009 are pending disposal. 2. O.P.(Divorce) No.94 of 2009 on the file of the Family Court, Kottayam at Ettumannor was filed by the respondent (husband) against the petitioner for dissolution of marriage. O.P.No.257 of 2009 was filed by the petitioner (wife) before the Family Court, Ernakulam, for dissolution of marriage. She also filed O.P.No.258 of 2009 before the Family Court, Ernakulam, for return of money allegedly entrusted with the respondent at the time of marriage. All these three cases are pending. 3. The petitioner is working as Traffic Assistant at Nedumbassery Airport. It is stated that in the nature of her duties, she is not in a position to attend the Family Court, Kottayam at Ettumanoor. It is submitted that all the three cases are to be tried by the same Family Court. O.P.(Divorce) No.94 of 2009 and O.P.No.257 of 2009 are filed by the respective parties for divorce. Tr.P.C. No.66/2009 2 These cases are pending before the two different Family Courts. If the cases are not tried by the same Family Court, there is a likelihood of conflicting decisions being rendered by different courts. The husband belongs to Vakathanam, Puthenchantha, Kottayam District. The petitioner belongs to Angamaly. It is stated by the wife that the husband has no job. Taking into account the facts and circumstances of the case, to suit the general convenience of the parties and to avoid conflicting decisions being rendered, I am of the view that it is expedient to transfer O.P.(Divorce) No.94 of 2009 from the Family Court, Kottayam at Ettumanoor, to the Family Court, Ernakulam. Accordingly, the Transfer Petition is allowed. O.P.(Divorce) No.94 of 2009 pending before the Family Court, Kottayam at Ettumanoor, shall stand transferred to the Family Court, Ernakulam, where O.P.No.257 of 2009 and O.P.No.258 of 2009 are pending. The registry shall communicate a copy of this order to the Family Court, Ernakulam and the Family Court, Kottayam at Ettumanoor. K.T.SANKARAN, JUDGE csl