IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Tr.P(C).No. 86 of 2008() ------------------------ OPHMA.167/2005 of FAMILY COURT, ALAPPUZHA OP.798/2005 of FAMILY COURT, ALAPPUZHA .................... PETITIONERS: ----------------- 1. V.LETHA, D/O.RAMACHANDRAN PILLAI CHANDRAVILASATHU VEEDU, AYALARA P.O. ANCHAL, KOLLAM. 2. RAMACHANDRAN PILLAI CHANDRAVILASATHU VEEDU, AYALARA P.O. ANCHAL, KOLLAM. BY ADV. SRI.R.ARUN RAJ RESPONDENTS: ------------- R. MURALI, KOTTAYKKAD PUTHEN VEEDU EVOOR SOUTH, PATHIYOOR VILLAGE ALAPUZHA DISTRICT. BY ADV. SRI.R.RAMADAS FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.No.1012/2008 in Tr.P.(c) No.86/2008 Dismissed 17.6.2008 SD/= (M.SASIDHARAN NAMBIAR, JUDGE.) //TRUE COPY// P.A. TO JUDGE. M.SASIDHARAN NAMBIAR, J. ------------------------------- Tr.P.(C) No.86 of 2008 ------------------------------- Dated this the 17th June, 2008. O R D E R First petitioner is the wife of the respondent and 2nd petitioner, her father. This petition is filed to transfer O.P.No.167/2005 and O.P.No.798/2005 pending before Family Court, Alappuzha, to Family Court, Kottarakkara. O.P.No.167/2005 is a petition for dissolution of marriage filed by the respondent. O.P.No.798/2005 is a petition claiming maintenance by the wife from the respondent. Petitioner had earlier filed transfer petition, Tr.P.(C) No.228/2007, which was disposed by this Court as per Annexure-A2 order. Transfer sought for was not granted on the ground that O.P.No.167/2005, at that time stood dismissed for default, and only a petition for restoration along with a petition to condone the delay were pending. This Court granted liberty to the petitioner to move for transfer, if the OP is restored to file. It is after restoration of the Original Petition, this petition is filed. 2. The learned counsel appearing for the petitioners and respondent were heard. Tr.P.(C) No.86/2008 2 3. The learned counsel appearing for respondents submitted that all steps are over and counselling was also completed and what remains is only recording the evidence, and petitioner-wife need appear only to record her evidence, and in such circumstances, there is no necessity to transfer the case. 4. The learned counsel appearing for petitioners submitted that as O.P.No.798/2005 is for maintenance, even if maintenance is allowed, petitioners would be compelled to approach Family Court, Alappuzha, thereafter for realisation of the maintenance amount, and in such circumstances, it is necessary to transfer the case. It was also pointed out that what was alleged by the respondent was that first petitioner is insane and on that allegation, second petitioner, her father, was impleaded, and in such circumstances, it is necessary to transfer the case. On hearing the learned counsel appearing for both sides, in the interest of justice and for the convenience of the petitioners and to avoid further complications, petition is allowed. O.P.No.167/2005 and O.P.No.798/2005 pending before Family Court, Alappuzha, are withdrawn and transferred to Family court, Tr.P.(C) No.86/2008 3 Kottarakkara. It is made clear that if counselling in the case are over, as submitted by the learned counsel for the respondent, Family Court, Kottarakkara, need not post the case for further counselling. Family Court, Kottarakkara, may dispose the petitions as expeditiously as possible. M.SASIDHARAN NAMBIAR, JUDGE nj.