IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 Tr.P(C).No. 11 of 2008() ------------------------ OP.791/2007 of FAMILY COURT, NEDUMANGAD .................... PETITIONER/RESPONDENT -------------------------------------- SHEENA JOY, D/O.POULOSE JOY, AGED 24 YEARS, HOUSE NO.7, PAMBA SUGAR FACTORY, PULLIKKEEZHU, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.DENIZEN KOMATH RESPONDENT: PETITIONER ----------------------- SHAJI SEBASTIAN, AGED 32 YEARS, S/O.SEBASTIAN, RAODARIKATHU VEEDU, SAMBUTHANGI, UTHARAMCODE, KOTTOOR, MANNOORKKARA VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.C.NO.11/2008 2 I.A. NO.48/2008 IN TR.P.C.NO.11/2008 DISMISSED 17.3.2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE M.N.KRISHNAN, J. ------------------------------------------- Tr.P.C.No.11 of 2008 ------------------------------------------- Dated this the 17th day of March, 2008 ORDER The unfortunate parties in this case are involved in three litigation whereby a happy home atmosphere is totally ruined and now they are knocking at the doors of the different courts for justice. O.P.No.791/07 is an application for restitution of conjugal rights, filed by the husband which is pending before the Nedumangad Family Court. O.P.No.8/08 is another application filed by the husband for custody of the minor children, which is also pending before the Family Court, Nedumangad. Meanwhile, the wife has instituted a proceeding for divorce and it is pending before the Family Court, Thiruvalla as O.P.No.634/07. When such is the situation there are allegations and counter allegations. The wife who submits that the husband is very cruel and if the cases are tried in his place, there will be threat to her life whereas the husband would contend that the wife is having an association with a police constable and the said man is threatening always with dare consequences. So, in order to avoid this type of unnecessary allegations against each other and to have a final and amicable TPC 11/08 2 trial of the case, at least it is desirable to transfer all these cases out of the courts where they are pending now, to a court which comes under the jurisdiction where neither the petitioner nor the respondent reside. Such an atmosphere will be contusive since an application under the Guardian and Wards Act regarding the custody of the children is pending. 2. Therefore, I dispose of the transfer petition directing the Family Court at Nedumangadu to transfer O.P.No.791/07 and O.P.No.8/08 to the Family Court, Kottayam at Ettumanoor and a further direction to the Family Court, Thiruvalla to transfer O.P.No.634/07 pending before that court to the Family Court at Etumanoor. The Family court at Ettumannoor is directed to try these cases together and dispose of it in accordance with law. I also make it very clear that unless there is real necessity, the parties shall not be directed to appear on each and every occasion especially in the backdrop of these cases and whenever conciliation or evidence is necessary, they may be directed to appear and in exceptional circumstances when an application comes for exemption, they may be liberally granted. M.N.KRISHNAN, JUDGE csl