IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Tr.P(C).No. 306 of 2009() ------------------------- OP.715/2009 of FAMILY COURT, THIRUVALLA .................... PETITIONER/RESPONDENT (S): -------------------- DR.SUNITHA ELIZABETH,D/O.LATE SAMUEL, AGED 36 YEARS, KOCHEKUZHIYIL HOUSE, MANGANAM P.O., KOTTAYAM – 18, PRESENTLY RESIDING AT 7TH MILE, TALIPARAMBA P.O. TALIPARAMBA AMSOM TRICHAMBARAM DESOM, KANNUR DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH RESPONDENT(S)/PETITIONER: --------------- DR.BOBBY JACOB KORAH,S/O.JACOB KORAH, AGED 39 YEARS, VARATHRAPALLATHU JACOB VILLA, CHERUKOLPUZHA P.O., AYROOR SOUTH, PATHANAMTHITTA DISTRICT, KERALA – 689 611 ADV. SRI.P.K.ABOOBAKER THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.3166/2009 IN TR.P.(C).NO.306/2009 DISMISSED. 11.12.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.306 OF 2009 () ----------------------------------- Dated this the 11th day of December, 2009 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife and the respondent, the husband. Matrimonial disputes between the spouses have given rise to two proceedings at different Family Courts, one at the instance of the wife and another by the husband. Petitioner has filed O.P.No.754 of 2009 before the Family Court, Kottayam for dissolution of the marriage. Husband has filed another petition as O.P.No.715 of 2009 before the Family Court, Thiruvalla for restitution of conjugal rights. Wife seeks transfer of the petition O.P.No.715 of 2009 filed by the husband from the Family Court, Thiruvalla to the Family Court, Kottayam. 2. Notice given, the respondent/husband has entered appearance. I heard the counsel on both sides. From the TPC.306/09 2 facts and circumstances presented, I find that the request for transfer made by the wife deserve consideration. She at present has to attend an infant aged three years born out of the wedlock. Her difficulties and inconveniences in attending to the Family Court, Thiruvalla, where the husband has filed the petition deserve to be appreciated in the backdrop that she has to take care of an infant aged three years. No tenable objection has been raised by the respondent/husband why the request for the transfer should not be acceded to. Further more, the trial of both petitions at the same Family Court will be more advantageous to the parties and at any rate that will avoid the chance of conflicting decisions being rendered in the two proceedings. So much so, petition is allowed directing the Judge, Family Court, Thiruvalla to transmit the records of O.P.No.715 of 2009 to the Family Court, Kottayam without delay. The Judge, Family Court, Kottayam, on receipt of records, shall give notice to the parties for appearance. Petition is disposed accordingly. S.S.SATHEESACHANDRAN JUDGE prp