IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 Tr.P(C).No. 97 of 2011() ------------------------ OP.1003 & 1004/2010 of FAMILY COURT, KOTTAYAM .................... PETITIONER/RESPONDENT: ----------------------------------------- K.SHAJI, S/O.KARUNAKARAN, SHYAMALA BHAVAN, THURAVOOR P.O., ALAPPUZHA, REPRERSENTED BY POWER OF ATTORNEY HOLDER V.BHUVANESWARAN, S/O.VIKRAMAN, KATTUNGALVELI, PARAVOOR P.O., ALAPPUZHA. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): PETITIONER: ----------------------------------------------- RAJULA S.BHARATHAN, KAVILAKATHUVELIYIL, THURAVOOR P.O., ALAPPUZHA-688 532. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- Tr.P.C.No.97 of 2011 ------------------------------------- Dated this the 23rd day of March 2011 Judgment This is a petition under Section 24 CPC seeking transfer of OP Nos.1003 and 1004 of 2010 from the Family Court, Kottayam to Family Court, Alappuzha. 2. The marriage between the petitioner and the respondent was solemnized on 20.05.2003 at S.S.Kalamandir, Thuravoor. Various contentions are raised regarding their marital life, which are not very relevant for the present purpose. Suffice to say that they decided to part with. The respondent filed OP No.1003/10 before the Family Court, Kottayam for dissolution of the marriage. She also instituted OP No.1004/10 before the said court for recovery of gold ornaments and for other reliefs. The petitioner, in turn, instituted OP No.1059/10 before the Family Court, Alappuzha for restitution of conjugal rights. All the original petitions are pending before the respective Tr.PC 97/11 2 courts. Apprehending that there is a chance for conflicting judgments if the original petitions are tried by different family courts, the petitioner has approached this court, praying for a direction to transfer OP Nos.1003/10 and 1004/10 pending before the Family Court, Kottayam to Family Court, Alappuzha. 3. This court is given to understand that the matter is posted for evidence. It is significant to notice that in the OP filed by the respondent, the address of the petitioner is shown as Kottayam and he has received notice in the said address. The respondent has not sought for transfer of the Original Petitions from Kottayam to Alappuzha or from Alappuzha to Kottayam. The petitioner can have no grievance against attending the cases at Family Court at Kottayam. No justifiable reasons are made out for transferring the cases to Family Court, Alappuzha. Accordingly, the Tr.P.(C) is dismissed. P.Bhavadasan, Judge sta Tr.PC 97/11 3 Tr.PC 97/11 4