IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 Tr.P(C).No. 364 of 2010() ------------------------- OPDIV.803/2009 of FAMILY COURT, ALAPPUZHA .................... PETITIONER/RESPONDENT: ----------------------------------------- JISHA.C., AGED 32 YEARS, D/O. CHIDAMBARAN, PRESENTLY RESIDING AT KUTTUMOOTTIL, MARA THEKKU, ALUMKADAVU.P.O., KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): PETITIONER: ------------------------------------------------ ANIRUDHAN, S/O. PEETHAMBARAMN, KANDATHIL HOUSE, THRIKKUNNAPPUZHA, ALAPPUZHA-688 012. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. ------------------------------ Tr.P(C).No.364 OF 2010 ------------------------------ Dated this the 10 th day of January, 2011 ORDER The petitioner prays for transfer of OP (Div.) No.803 of 2009 pending before the Family Court, Alappuzha to the Family Court, Kollam where OP No.835 of 2009 filed by the petitioner against the respondent is pending. 2. OP(Div.)No.803 of 2009 was filed by the respondent, the husband of the petitioner, against the petitioner for divorce. OP No.835 of 2009 on the file of the Family Court, Kollam was filed by the wife for return of gold ornaments and money allegedly paid at the time of marriage. Both the cases are pending. 3. It is stated that the petitioner resides at Kollam. The marriage was solemnized within the jurisdiction limits of Family Court, Kollam. The Tr.P(C).No.364 OF 2010 2 respondent is employed at Moolamattom in Idukki District. It is stated that the petitioner is unemployed and she has to maintain a six year old child. Her parents are aged persons and the petitioner is not in a position to attend the Family Court, Alappuha. 4. Though notice was served on the respondent, there is no appearance. 5. Since the wife has filed OP No.835 of 2009 before the Family Court, Kollam, the respondent has to appear before that court. The other case is pending before the Family Court, Alappuzha. To suit the convenience of the parties and to avoid litigations in two different Family Courts and also to obviate the inconvenience caused to the wife, I am of the view that it is just and proper to transfer OP(Div.)No.803 of 2009 from the Family Court, Alappuzha to the Family Court, Kollam. Tr.P(C).No.364 OF 2010 3 Accordingly, the Transfer Petition is allowed. OP(Div.)No.803 of 2009 pending before the Family Court, Alappuzha shall stand transferred to the Family Court, Kollam. The Family Court, Alappuzha shall transmit the records to the Family Court, Kollam. K.T.SANKARAN, JUDGE. cms