IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Tr.P(C).No. 302 of 2009() ------------------------------------ OP.62/2009 of FAMILY COURT, THODUPUZHA .................... PETITIONER -------------------- SANITHA,AGED 40 YEARS,D/O.PAREETH, PULAKKUDY PUTHENPURAYIL,VAZHAPPILLY KARA, VELLOORKUNNAM VILLAGE,MUDAVOOR.PO, MUVATTUPUZHA TALUK,ERNAKULAM DISTRICT. BY ADV. SMT.K.GIRIJA RESPONDENT(S): -------------------------- SALIM,AGED 42 YEARS, S/O.ABDUL KARIM,KOYINKAL HOUSE,EDAVETT.P.O, EDAVETTY VILLAGE,THODUPUZHA TALUK,EMPLOYED AS HAV/CLK,HQ-25,INF DIV,C/O.56 APO,PIN-908425. ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) SRI.P.NOOR ZAMEER THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, ALONG WITH TPC NO. 352 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J. -------------------------------------------- TP(C) Nos.302 & 352 of 2009 -------------------------------------------- Dated 7th April 2010 Order These two petitions have been filed by the wife, seeking transfer of the cases filed by her husband before the Family Court, Thodupuzha. 2. The marriage between the petitioner and the respondent was solemnized on 14.07.1991 as per the Islamic rites. Several allegations are made in the Petition, which are not relevant for the present purpose. Suffice to say that there arose difference of opinion between the petitioner and the respondent and the petitioner was constrained to file OP Nos.1415/09 and 1828/09 before the Family Court, Ernakulam, seeking to set aside the Thalaq Nama, pursuant to which the respondent filed OP No.62/09 before the Family Court, Thodu.puzha, seeking to declare that the marriage between the petitioner and the respondent is divorced by Thalaq. It is also pointed out that TPC 302 & 352/09 2 the respondent has filed another OP as OP No.290/09 before the Family Court, Thodupuzha seeking to pass a decree declaring his one half share over the petition schedule properties and to partition and get separate possession of the same. 3. The petitioner points out that it is extremely difficult for her to come over to Thodupuzha to attend the frequent postings of the cases and it may be only just and proper that the cases are tried by the Family Court, Ernakulam along with the other cases filed by her. 4. It is to be noticed that there are already two cases pending before Family Court, Ernakulam, filed by the petitioner. Therefore, the respondent will have to come over to Ernakulam to attend those cases. Considering the nature of the case, it is felt that it is only just and proper that all the cases are tried by the same court. In the result, this Petition is allowed. OP Nos.62/09 and 290/09 pending before the Family Court, Thodupuzha shall stand transferred to Family Court, Ernakulam and the TPC 302 & 352/09 3 Family Court, Ernakulam is directed to dispose of the said Original Petitions along with the OPs filed by the petitioner. The parties shall appear before the Family Court, Ernakulam on 13.05.2010. These Petitions are disposed of as above. P.BHAVADASAN, JUDGE sta TPC 302 & 352/09 4