IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Tr.P(C).No. 274 of 2009() ------------------------- OP.1169/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER ------------------------------ REKHA.S., D/O.GOVINDAN PILLAI, AGED 31 YEARS, NALLETHUVADAKETHIL HOUSE, MANNAMNAGAR P.O., PANDALAM THEKKEKARA VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.ABRAHAM SAMSON RESPONDENT(S): --------------- RADHAKRISHNAN A.B., S/O.LATE G.B.NAYAR, AAVAMKOTTUPUTHEN PURAYIL HOUSE, KEEZHILLAM P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. ADV. SRI.SUBAL J.PAUL SMT.SHEEBA SUBAL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.274 of 2009 -------------------------------------- Dated this the 6th day of July, 2010. ORDER The wife seeks transfer of O.P. No.1169 of 2009 from Family Court, Ernakulam to Family Court, Thiruvalla. It is stated by petitioner that she is a resident of Pandalam Thekkekara Village in Pathanamthitta District and that she has to travel a long distance to reach Family Court, Ernakulam. It is also stated that M.C.No.137 of 2009 and O.P.No.692 of 2009 filed by petitioner are pending in Family Court, Thiruvalla. Learned counsel for respondent did not object to transfer of O.P.No.1169 of 2009 to the Family Court, Thiruvalla but wanted an early disposal of the case. It is also requested that except when physical presence of respondent is required he may be exempted from personal appearance. 2. Having regard to the facts and circumstances of the case I am inclined to allow this petition. Resultantly this petition is allowed in the following lines: i. O.P. No.1169 of 2009 pending in Family Court, Ernakulam is withdrawn from that court and made over to Family Court, Thiruvalla. Tr.P.(C) No.274/2009 2 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. Family Court, Thiruvalla is directed to expedite the disposal of cases between the parties hereto. iv. 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. I.A.Nos.2803 of 2009 and 1421 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks