IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Tr.P(C).No.155 of 2008 ---------------------------- OP.664/2006 of FAMILY COURT, NEDUMANGADU .................... PETITIONER --------------- PRASANNA, D/O.KAMALAKASHI, 45 YEARS CHITHANYA, NARIAPURAM, VALLIKODU VILLAGE PATHANAMTHITTA BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENTS ----------------- 1. INDIRA SIVADASAN, W/O.SIVADASAN 55 YEARS, SINDHU VILASAM KARAMKODU, KOLLAM 2. SINDHU, D/O.SIVADASAN, 32 YEARS, DO. 3. BHARATHI, W/O.DAMODARAN VAYALIL VEEDU, ANATHALAVATTOM KUDAVOOR, CHIRAYINKEEZHU 4. THE DIVISIONAL MANAGER LIC OF INDIA, MAVELIKARA BRANCH MAYTHIKARA 5. DEEJA, D/O.PRASANNA 24 YEARS CHAITHANYA, NARIAPURAM VALLIKODU VILLAGE PATHANAMTHITTA Tr.P(C).No.155 of 2008 -2- 6. DIVYA, D/O.PRESANNA, AGED 20 YEARS, RESIDING AT DO.DO. 7. DILEEPKUMAR, S/O.SIVADASAN, AGED 30 YEARS, SINDHU VILASAM, KANAMKODU, KOLLAM (NOW RESIDING P.B.24535, DUBAI, UAE) ADV. SRI.M.AJAY FOR R4 SRI.R.T.PRADEEP FOR R1 SRI.V.VIJULAL FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ----------------------- Tr.P.(C)No.155 of 2008 ----------------------- ORDER Petitioner, who is the first counter petitioner in O.P. No.664/06 on the file of the Family Court, Nedumangad, seeks for transfer of the said case to the Sub Court, Pathanamthitta for joint trial along with O.S.No.158/06 pending before that court or in the alternative to transfer O.P.No.664/06 to the Family Court, Thiruvalla for trial and disposal. 2. O.P.No.664/06 is filed by respondents 1 and 2 for declaration that the first respondent is the legally wedded wife of Sivadasan and respondents 2 and 7 are children born out of the wedlock and for other reliefs. Other than the first respondent and respondents 2 and 7, who are her children, the other respondents in O.P.No.664/06 are the petitioner, who is alleged to be the concubine of Sivadasan and her two children, the mother of deceased Sivadasan and the Divisional Manager of LIC of India. The mother of deceased Sivadasan, who TRPC 155/08 2 is the fifth respondent in the OP and the third respondent in this transfer petition, is having her residence at Thiruvananthapuram. 3. Counsel for the respondents herein resisted the transfer sought for on the ground that the fifth respondent Bharathi, the mother of the deceased Sivadasan, will not be able to travel from Thiruvananthapuram to Pathanamthitta or to Thiruvalla. She is aged more than 70 and further that the Sub Court, Pathanamthitta will not be having jurisdiction to try the OP pending before the Family Court, Nedumangadu, as it is not having jurisdiction to try disputes relating to family matters in view of Section 7 of the Family Courts Act. The third respondent Bharathi, the mother of deceased Sivadasan, is aged more than 70 years. It may not possible for her to travel a long distance. Respondents are not agreeable also to have the OP transferred to the Family Court, Thiruvalla or to the Family Court, Kollam as desired by counsel for TRPC 155/08 3 the petitioner, as it suits the convenience of the petitioner only. In the circumstances, I see no reason why a transfer as prayed for is to be allowed. This transfer petition is, hence, dismissed. 10th November, 2008 (K.P.Balachandran, Judge) tkv