IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 Tr.P(C).No. 5 of 2009() ----------------------- OP.1699/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER (S):RESPONDENT ------------------------------------------ ROSAMMA JOSEPH, W/O. ASOK P. NAIR, MANJAMATTATHIL, MOOZHOOR P.O., AKALAKUNNAM VILLAGE, KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): PETITIONER --------------------------------------------- ASOK P. NAIR @ ASOK KUMAR, S/O. PURUSHOTHAMAN NAIR, AICKARA HOUSE, EDATHALA NORTH P.O., ALUVA, EAST, ERNAKULAM. ADV. SMT.SALLY THOMAS CHACKO FOR R SRI.P.T.THOMAS PERAKATH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P.C.NO.5/2009 ORDER ON IA NO.8 OF 2009 IN TR.P.C.NO.5 OF 2009 DISMISSED 30.3.2009 SD/- K.T.SANKARAN, JUDGE /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. -------------------------------- Tr.P.C.No.5 of 2009 -------------------------------- Dated this the 30th day of March, 2009 ORDER This Transfer Petition is filed seeking transfer of O.P.No.1699 of 2008 pending before the Family Court, Ernakulam to the Family Court, Kottayam at Ettumanoor where O.P.No.766 of 2008 is pending. The petitioner filed O.P.No.766 of 2008 before the Family Court, Kottayam at Ettumanoor against the respondent and one Suseela Kumari, for a declaration that the marriage between the respondent and Suseela Kumari is void and for declaration of half right over the petition schedule property and for damages. O.P.No.766 of 2008 was filed on 2.8.2008. Thereafter, on 28.11.2008, the respondent filed O.P.No.1699 of 2008 before the Family Court, Ernakulam, against the petitioner for a declaration that the marriage between them is void. Both these cases are pending. It is stated by the learned counsel for the petitioner that the petitioner is at present working as a nurse in a private hospital at Kottayam. The petitioner belongs to Akalakunnam at Kottayam. The respondent is working abroad. He belongs to Edathala North, Aluva, Ernakulam. 2. The Transfer Petition is seriously opposed. A counter TPC No.5/2009 2 affidavit is filed by the respondent wherein it is stated that the respondent was set ex-parte before the Family Court, Kottayam at Ettumanoor and an application was filed for setting aside the ex- parte order. It is also stated that the Family Court Kottayam at Ettumanoor has no territorial jurisdiction to entertain O.P.No.766 of 2008. Several other facts are also stated in the counter affidavit. 3. If both the petitions are tried by different Family Courts, conflicting decisions are likely to arise. Common questions of law and facts are involved in the cases. It is always desirable, if both these cases are considered by the same Family Court. O.P.No.766 of 2008 was filed at an earlier point of time by the wife. The wife is residing near Kottayam within the jurisdiction of Family Court, Kottayam at Ettumanoor. The respondent is working abroad. Therefore, it does not a matter for him whether the cases are tried before the Family Court, Kottayam at Ettumanoor or before the Family Court, Ernakulam. The challenge against the territorial jurisdiction of Family Court, Kottayam at Ettumanoor is also not a ground for denying the transfer. The question of jurisdiction can still be raised. 4. Taking into account the relevant facts and circumstances of the case and also the hardship that would be caused to the parties in attending the respective Family Courts and also to avoid conflicting TPC No.5/2009 3 decisions, I am of the view that the prayer made in the Transfer Petition is liable to be allowed. Accordingly, the Transfer Petition is allowed. O.P.No.1699 of 2008 pending before the Family Court, Ernakulam, shall stand transferred to the Family Court Kottayam at Ettumanoor where O.P.No.766 of 2008 is pending. The registry will send a copy of the judgment to the Family Court, Kottayam at Ettumanoor and the Family Court, Ernakulam. The learned counsel for the respondent submitted that since the respondent is working abroad, the Family Court may be directed to exempt him from personal appearance before the Family Court, Kottayam at Ettumanoor except when his personal appearance is necessary. The respondent may apply before the Family Court Kottayam at Ettumanoor for exemption from personal appearance and the Family Court shall grant exemption to the extent possible as per law. K.T.SANKARAN, JUDGE csl