IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 TR.P(C).NO. 64 OF 2009() ------------------------------------- OP.773/2008 OF FAMILY COURT,KOLLAM .................... PETITIONER - 1ST DEFENDANT: ------------------------------------------- SMT.T.N.RAJAMMA, W/O.LATE UDAYA BHANU, AGED 54 YEARS, PULLUVILA MEKKATTIL HOUSE, VIRIPARA KARA, MANKULAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): PLAINTIFFS 1 TO 3 & DEFENDANTS 2 AND 3: --------------------------------------------------------------------------------------- 1. S.VIJAYAMMA, AGED 55 YEARS, W/O.UDAYABHANU, RESIDING AT BIJU BHAVAN, PAVUMBA NORTH, THAZHAVA VILLAGE, KOLLAM DISTRICT. 2. U.AJAYAN, AGED 30 YEARS, S/O.UDAYABHANU, RESIDING AT BIJU BHAVAN, PAVUMBA NORTH, THAZHAVA VILLAGE, KOLLAM DISTRICT. 3. V.BIJU, AGED 34 YEARS, D/O.UDAYABHANU, RESIDING AT PONNACHAKALAYIL, PUNNAKULAM, K.S.PURAM P.O., ADHINADU VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. 4. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 5. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION OFFICE, ADIMALI, KALLARKUTTY P.O., IDUKKI DISTRICT. ADV. SRI.V.E.ABDUL GAFOOR FOR R1-3 SRI.A.MOHAMMED SAVAD FOR R1-3 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R4 & 5 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== T.P(C) No.64 of 2009 ==================================== Dated this the 24th day of May, 2010 O R D E R Dispute is concerned entitlement of pensionary benefits and family pension payable consequent to the death of Udayabhanu who was an employee of the Kerala State Electricity Board, respondent No.4. Petitioner, nominee claiming to be the legally wedded wife of the said Udayabhanu would say that she is entitled to the pensionary benefits while respondent No.1 is making similar claim over the said benefits. Respondent Nos.1 to 3 filed O.P.No.773 of 2008 in the Family Court, Kollam for a declaration that petitioner is not entitled to get the pensionary benefits and family pension and for a decree for prohibitory injunction restraining respondent Nos.4 and 5 from disbursing such benefits to the petitioner. Grievance of petitioner is that she, aged 54 years is residing in an interior part of Idukki District and it is very difficult for her to travel up to Kollam to contest the case. It is stated that she has to look after her 90 year old mother. Hence this petition to transfer the case to the Family Court, Thodupuzha. Petition is opposed by respondent Nos.1 to 3 contending that if the case is transferred to the Family Court, T.P(C) No.64 of 2009 -: 2 :- Thodupuzha they will have to travel a long distance from their place of residence to Thodupuzha to contest the case. It is contended that respondent No.1 is aged 55 years and is placed in more difficult situation than petitioner. Respondent Nos.4 and 5, K.S.E.B., have no serious objection to the prayer in the petition. 2. The contest is between petitioner and respondent No.1 both claiming to be legally wedded wife of the late Udayabhanu. Petitioner is aged 54 years while respondent No.1 is aged 55 years. No doubt petitioner is residing in an interior part of Deikulam Taluk in Idukki District and it will be difficult for her to travel to Kollam to contest the case. To catch the train she has to travel all the distance from her place of residence to Kottayam or Ernakulam which itself will be more than 100 kms. But if the case is transferred to the Family Court, Thodupuzha respondent Nos.1 to 3 also will be placed in a difficult situation. Therefore it is not justifiable to transfer the case to the Family Court, Thodupuzha. Having regard to the distance both the parties have to cover and the possibility of respondent Nos.1 to 3 making use of train facility for their travel, I consider that it will be convenient for both parties if the case is transferred to the Family Court, Ernakulam. Hence the petition is allowed in the following lines: T.P(C) No.64 of 2009 -: 3 :- (i) O.P. No.773 of 2008 pending in the Family Court, Kollam is withdrawn from that court and transferred to the Family Court, Ernakulam for disposal. (ii) The transferor court while transmitting the case records to the transferee court shall fix the date for appearance of the parties in the transferee court. (iii) Parties shall suffer their costs in this proceeding. Interlocutory Application No.501 of 2009 shall stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv