IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Tr.P(C).No. 200 of 2011() ------------------------- OP(GW).223/2011 of FAMILY COURT,TRIVANDRUM TO FAMILY COURT,ERNAKULAM .................... PETITIONER (S): RESPONDENT: ------------------------------------------------ DEEPTHI BABU, AGED 27, D/O.BABU, ERUMALA HOUSE, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT NOW STAYING AT C/O.E.M.BABU, P.O.BOX NO.50897, AL-KARMA, DUBAI, U.A.E. BY ADVS. SRI.H.SIVARAMAN, SRI.MATHEW CHERIAN. RESPONDENT(S): PETITIONER: ----------------------------------------------- MOHINDER M.S., AGED 29 YEARS, S/O.MUTHUKRISHNAN, T.C.11/9247. SUBHA NILAYAM, PANAVILA, NALANCHIRA P.O., THIRUVANANTHAPURAM REPRESENTED BY HIS POWER OF ATTORNEY SUBHA, AGED 50 YEARS, D/O.SWARNAKUMARI, RESIDING AT -DO-, -DO-.PIN - 695 001. BY ADV. SRI.THIRUMALA P.K.MANI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.200 of 2011 ==================================== Dated this the 22nd day of July, 2011 O R D E R Petitioner-wife seeks transfer of O.P(G& W) No.223 of 2011 from Family Court, Thiruvananthapuram to Family Court, Ernakulam on the ground of inconvenience. It is stated that petitioner aged about 27 years is a permanent resident of Kothamanagalm, now working in abroad. 2. Petition is opposed by the respondent. It is pointed out that in O.P(G& W) No.223 of 2011 respondent has filed an application for interim custody of the child. That application was posted for objection and hearing on 05.07.2011 and in the meantime petitioner has filed this petition on 04.07.2011. According to learned counsel for respondent purpose of filing this petition is to scuttle the chance of respondent getting interim custody of the child. It is also submitted that petitioner has filed O.P. No.1346 of 2009 in Family Court, Ernakulam seeking dissolution of marriage where respondent has raised a question regarding jurisdictional competence of that court to entertain the Tr.P(C) No.200 of 2011 -: 2 :- said petition. According to the respondent, parties have never resided together within the territorial jurisdiction of Family Court, Ernakulam. Respondent had filed Tr.P(C) No.146 of 2010 to transfer O.P. No.1346 of 2009 from Family Court, Ernakulam to Family Court, Thiruvananthapuram and this Court disposed of the same observing that question of territorial jurisdiction is to be raised before Family Court, Ernakulam. I have heard counsel on both sides. 3. Since I am told that the issue regarding territorial jurisdiction is pending consideration in O.P. No.1346 of 2009 in Family Court, Ernakulam the request for transfer sought in this petition need be considered only after the issue regarding jurisdiction in O.P. No.1346 of 2009 is settled. Otherwise consequences may be that if O.P(G&W) No.223 of 2011 is transferred to Family Court, Ernakulam and ultimately Family Court, Ernakulam finds that it has no jurisdiction to entertain O.P. No.1346 of 2009, that proceeding may have to go to Family Court, Thiruvananthapuram in which case parties will be required to contest the cases in the Family Courts at Thiruvananthapuram and Ernakulam. That contingency can be avoided if petitioner is permitted to move fresh application for transfer based on the Tr.P(C) No.200 of 2011 -: 3 :- decision in O.P. No.1346 of 2009 after the issue regarding jurisdiction is decided in O.P. No.1346 of 2009 by Family Court, Ernakulam. Resultantly, the Petition is closed without prejudice to the right of petitioner to move fresh application for transfer after the issue regarding jurisdiction in O.P. No.1346 of 2009 is decided by Family Court, Ernakulam. Family Court, Ernakulam is directed to decide the issue regarding jurisdiction in O.P. No.1346 of 2009 as early as possible having regard to the grievance of parties. All pending Interlocutory Applications will stand dismissed. THOMAS P. JOSEPH, JUDGE. vsv