IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 Tr.P(C).No. 43 of 2010() ------------------------ OP.18/2009 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: -------------------- JAMEELA BEGAM, W/O.ABDUL VAHEED, PATTIKKAD HOUSE, MARAYOOR PO, IDUKKI-685 620. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT: --------------- MAJEEDA BEEVI, VAHID MANDIRAM, PAZHAYA KUNNUMMEL, THATTATHUMALA.PO, THIRUVANANTHAPURAM. ADV. SRI.R.ANILKUMAR SMT.A.ARSHA THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No. 43 of 2010 --------------------------------------- Dated this 04th day of June, 2010 ORDER The fight is between two ladies both claiming to be the legally wedded wife of Abdul Vaheed who was a L.D.Clerk at Devicolam and expired on 31-05-2006. Respondent filed O.P.No.18 of 2009 in Family Court, Nedumangad for a declaration that she is the legally wedded wife of said Abdul Vaheed claiming that Abdul Vaheed married her on 09-12-1973. Equally vehement is the contention of petitioner that Abdul Vaheed had legally married her. Now the request is to withdraw O.P.No.18 of 2009 from Family Court, Nedumangad and transfer the same to Family court at Thodupuzha. Learned counsel for petitioner has highlighted the difficulty of petitioner to travel from Marayoor, her place of residence which is an interior part of Idukki district to Nedumangad and the lack of traveling facility as well. Counsel for respondent states that respondent is aged about 65 years and is physically handicapped due to a fracture on the leg suffered by her about two months back. 2. Now question is whether request for transfer has to be allowed and if so to which court the case has to be transferred. I stated that Marayoor is an interior part of Idukki district and the Tr.P.C.No.43 of 2010 : 2 : distance to Nedumangad will be around 250 km, if not more and traveling facility also is very little in that, either petitioner has to catch the bus or she has to come down to Thodupuzha and then come to Ernakulam or other near place to catch the train to go to Thiruvananthapuram wherefrom she has to travel to Nedumangad by bus. Even to come to Ernakulam from Marayoor it will take atleast a day for petitioner. On the other hand if the case is posted at Thodupuzha equal will be the difficulty of the respondent, in that, she has to cover a long distance and come to Thodupuzha. In these circumstances I consider that it will be convenient and less inconvenient for both the parties if the case is transferred to Family Court at Ernakulam. I aware that even to come to Ernakulam and go back to the place of residence it will take three days for petitioner but so far as respondent is concerned, she can come to Ernakulam and go back to her residence the same day. In these circumstances the case is transferred to Family Court at Ernakulam. Resultantly the petition is allowed and O.P.No.18 of 2009 pending in the Family Court, Nedumangad is withdrawn from that court and transferred to Family Court, Ernakulam for disposal. The transferor court shall transmit records of the case to the transferee court with due intimation to counsel for the parties as to the date of Tr.P.C.No.43 of 2010 : 3 : appearance in the transferee court. Considering long distance of the parties have to travel, transferee court is directed to dispose of the case as early as possible giving it top priority. (THOMAS P JOSEPH, JUDGE) Sbna/-