IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Tr.P(C).No. 148 of 2010() ------------------------- OP.655/2009 of FAMILY COURT, KANNUR .................... PETITIONER(S): -------------------- ZEENATH COTTI COLEN,D/O.K.P.MUHAMMED, NEEHARIKA,MARIKUNNU P.O,CALICUT - 12. (PRESENTLY AT FLAT NO.2105,STYLE HOME, KING FAIZAL STREET,SHARJAH,U.A.E) BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------- M.P.MUHAMMED MUNAWAR, S/O.DR.K.P.ABDUL KHADER JAJI, MUNAVAR MANSION,PAYYAMBALAM BEACH ROAD, KANNUR AMSOM,KANNUR DESOM,KANNUR P.O, PIN - 670 001. ADV. SRI.K.RAJESH SUKUMARAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.148 of 2010 -------------------------------------- Dated this the 19th day of July, 2010. ORDER This petition is filed by the wife seeking transfer of O.P. No.655 of 2009 filed by respondent/husband in the Family Court, Kannur for restitution of conjugal rights. She wants the case to be transferred to Family Court, Kozhikode where she has filed O.P.No.533 of 2009 against respondent/husband seeking divorce. It is stated that petitioner is a resident of Kozhikode while respondent belongs to Kannur. 2. Petition is opposed by the respondent. Learned counsel states that Family Court, Kozhikode has no jurisdiction to entertain O.P.No.533 of 2009. It is contended that since petitioner is presently staying in UAE and she is travelling alone from Kozhikode to that country her version that she is unable to travel alone to Kannur is difficult to be accepted. 3. Question whether Family Court, Kozhikode has jurisdiction to decide O.P.No.533 of 2009 is to be decided by that court at the appropriate stage. Fact remained that petitioner has filed O.P.No.533 of 2009 in that court even before respondent filed O.P.No.655 of 2009 in Family Court, Kozhikode. These cases are to be tried and disposed of jointly as it involves same matrimonial dispute. Having regard to the facts and circumstances of the case I am inclined to allow this petition. Tr.P.(C) No.148/2010 2 Resultantly this petition is allowed in the following lines: i. O.P. No.655 of 2009 pending in Family Court, Kannur is withdrawn from that court and made over to Family Court, Kozhikode. ii. It is made clear that except when the physical presence of respondent is required in the transferee court it is open to him to appear through counsel. iii. The transferor court shall, while transmitting records of the case to the transferee court fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. iv. Transferee court shall post both the cases on the same dates. I.A.No.1217 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks