IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Tr.P(C).No. 199 of 2009 -------------------------------- [OP.NO.701/2009 OF FAMILY COURT,ERNAKULAM] .................... PETITIONER: ------------------- MRS. DAISY, D/O.CHACKO EDAPARAMBU FROM VAYALACKAL, WARD -11 POOZHIKKOLKARAYIL, POOZHIKOL P.O, MULAKKULAM PANCHAYATH, VAIKKOM, KOTTAYAM TALUK. BY ADV. MR.JOBY CYRIAC. RESPONDENT: ---------------------- MR.JOBY VARGHESE, PEYCKAL HOUSE, PERUMPILLY PO, MULATHURUTHY, ERNAKULAM DISTRICT. BY ADV.MR.P.M.JOSHI. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. T.R.P.(C). NO.199/2009: ORDER ON I.A. NO. 1639/2009 IN TR.P.(C).NO.199/2009. DISMISSED 22/09/2009. SD/- S.S.SATHEESACHANDRAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.199 OF 2009 () ----------------------------------- Dated this the 22nd day of September, 2009 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and the respondent, the husband. Wife has filed a petition as O.P.No.380 of 2009 before the Family court, Kottayam for restitution of conjugal rights. Husband has filed a petition as O.P.(Divorce).No.701 of 2009 for a decree of divorce before the Family Court, Ernakulam. Wife seeks transfer of the above O.P. to the Family Court, Kottayam. 2. Notice being given the husband has entered appearance. The learned counsel for the husband submitted that he has no objection in transferring O.P.(Divorce).No.701 of 2009 to the Family court, Kottayam as requested for. However, it is submitted that in the petition filed by the wife, TPC.199/09 2 O.P.No.380 of 2009, her examination in chief by filing the proof affidavit is over, but, she has not been cross examined. The learned counsel seeks issue of a direction/order to the Family court, Kottayam for joint trial of the petitions as identical issues are to be resolved in both the proceedings. Allowing the transfer requested for, by ordering transfer of O.P.(Divorce).No.701 of 2009 from the Family Court, Ernakulam to the Family court, Kottayam, I direct the Judge, Family Court, Kottayam to consider the feasibility of joint trial of both the cases, if any of the parties moves an application making such request. The Judge, Family Court, Ernakulam is directed to transfer the records of O.P.(Divorce).No.701 of 2009 to the Family court, Kottayam without delay. Parties are directed to appear before the Family Court, Kottayam on 19.10.2009. The Judge, Family Court, Kottayam is also directed to keep in abeyance further proceedings in O.P.No.380 of 2009 till the receipt of the records in O.P.(Divorce).No.701 of 2009 from the Family Court, Ernakulam. TPC.199/09 3 Subject to the above observations, the transfer petition is closed. Send a copy of this order to both the Family Courts forthwith. S.S.SATHEESACHANDRAN JUDGE prp