IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 Tr.P(C).No. 121 of 2009() ------------------------- OP.310/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER -------------- GEETHA NAIR, AGED 35 YEARS, D/O.K.G.M.NAIR, 601, PARADAISE APARTMENTS, ANAND PARK, NEW LINK ROAD, KANDERPADA, DAHISAR WEST, MUMBAI-68. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): --------------- PRADEEP KUMAR.V.R., S/O.VGR NAIR, THOPPELIL HOUSE, KUNNUKARA P.O., ERNAKULAM DISTRICT. BY GOVT. PLEADER SRI.RADHAKRISHNAN. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/04/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------- Tr.P. (C) No.121 of 2009 ------------------------------- Dated this the 15th April, 2009 O R D E R This petition is for transfer of O.P.No.310 of 2009 pending on the file of Family Court, Ernakulam, to the Family Court, Bandra (East), Mumbai, within whose jurisdiction petitioner and respondent allegedly last resided together. In the nature of the relief prayed for, without reference to the correctness of the statements made in this petition as well as the circumstances of the case which persuaded the petitioner to seek transfer of the case, this petition could be disposed of in view of the provisions of Section 25 of Code of Civil Procedure (for short 'the Code'). 2. I have heard the learned counsel for the petitioner on the maintainability of the petition. 3. The prayer is to transfer the case pending in a court within the jurisdiction of this Court to a Court at Bombay, Tr.P.(C) No.121 of 2009 2 within the jurisdiction of the High Court of Bombay. Though Section 23(3) of the Code refers to such a transfer, it has been held by the Apex Court in Durgesh Sharma v. Jayshree (2008) 9 SCC 648) that Section 23(3) of the Code only indicated the forum and that it is subjected to Section 25 of the Code. The decision is clear that in such circumstances, the request for transfer can be entertained only before the Apex Court. This petition therefore, is not maintainable in this Court and is accordingly dismissed. THOMAS P. JOSEPH, JUDGE nj.