IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 Tr.P(C).No. 158 of 2009() ------------------------- OP.328/2009 of FAMILY COURT, MALAPPURAM .................... PETITIONER:(RESPONDENT IN THE O.P.NO.328/2009 & PETITIONER IN O.P.900/08 AND O.P.227/09): ------------------------------------------------------------------- ANU, AGED 24 YEARS, D/O.VALSARAJAN, MELE KAVALLOOR, KOLATHARA P.O., KOZHIKODE. BY ADV. MR.A.RANJITH NARAYANAN RESPONDENT(S): (PETITIONER IN THE NO.328/2009 AND RESPONDENT IN O.P.900/08 AND O.P.227/09: ----------------------------------------------------------------------------- AJAYMON, AGED 31 YEARS, S/O.LATE NARAYANAN, THODIYANMUTTAM MANJERI P.O., MALAPPURAM. BY ADV. MR.SAJU.S.A THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.158 of 2009 --------------------------------- Dated this the 13th day of July, 2009 O R D E R This transfer petition is filed under Section 24 CPC. Petitioner is the wife and respondent, the husband. Wife has filed two petitions, O.P.Nos. 900/2008 and 227/2009, before the Family Court, Kozhikode. O.P.No.900/2008 was filed seeking a decree of dissolution of the marriage and the other O.P. for return of her gold ornaments and valuables allegedly retained by the respondents. The husband has filed another petition as O.P.328/2009 for restitution of conjugal rights, before the Family Court, Malappuram. Wife seeks transfer of the O.P. filed by the husband to the Family Court, Kozhikode where the other two petitions are pending. 2. I heard the counsel on both sides. 3. Wife has a case that without her consent, husband and his relatives under the guise of removing a cyst from her person by surgery had removed her left ovary rendering her permanently infertile. In the present petition, she has raised a Tr.P.C.No.158 of 2009 2 grievance that she depends on her aged old parents and thus unable to go over to Malappuram for defending the case filed by the husband before the Family Court at that place. She also apprehends threat and intimidation from the husband and his relatives if she has to go over to Malappuram. 4. Having regard to the facts and circumstances presented and taking note of the submissions made by the counsel on both sides, I find the ends of justice call for a transfer of O.P.328/2009 pending before the Family Court, Malappuram to the Family Court, Kozhikode where the other two petitions filed by the wife are pending adjudication. It is seen that the marriage of the parties took place in Kozhikode and that the wife with her aged old parents are permanently settled there. Petition filed by her O.P.900/2008 before the Family Court, Kozhikode, precedes all the three petitions. Further more, it would be convenient for both parties to have trial of the petitions by the same court so that conflicting decisions can be avoided, the chances of which cannot be rules out if they are separately tried before two different Family Courts. In case two or more cases can be jointly Tr.P.C.No.158 of 2009 3 tried, that can also be possible if all the cases are tried by the same Family Court. Taking into all these aspects, I find transfer as requested by the wife is necessary to advance the ends of justice. O.P.No.318/2009 pending on the file of Family Court, Malappuram is ordered to be transferred to the Family Court, Kozhikode. The Family Court Judge, Malappuram shall transmit the records of the case to the transferee court without delay. The petition is allowed. Send a copy of the order to both Family Courts forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-