IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Tr.P(C).No. 136 of 2010() ------------------------- OP.993/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER -------------------- SALAHUDEEN, S/O.SHAHUL HAMEED, HAZEENA MANZIL, VELIYELA, KULATHOOPUZHA VILLAGE, P.O.KULATHOOPUZHA (VIA) KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------- 1. HASEENA D/O.E.SUBAIR, N.H.MANZIL, THINKAL KARIKKAKOM VILLAGE, PATHANAPURAM TALUK, NOW RESIDING AT ROOBI MANZIL, NEAR MSM HS. KAYAMKULAM, P.O.KAYAMKULAM, ALAPPUZHA DISTRICT. 2. ANWAR NIZAR, AGED 9, S/O.LATE NIZAMUDEEN, REP. BY 1ST RESPONDENT. 3. ALFEEA, AGED 5 YEARS, D/O.LATE NIZAMUDEEN, REP. BY 1ST RESPONDENT. 4. NAZARUDEEN, S/O.SHAHUL HAMEED, PLAVILA PUTHENVEEDU, KAITHAKKADU, KULATHOOPUZHA P.O., (VIA) KOTTARAKKARA. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.C.No.136 of 2010 -------------------------------------- Dated this the 20th day of May, 2010. ORDER Respondent No.1 in O.P.No.993 of 2008 of the Family Court, Alappuzha is the petitioner before me. He is the brother of deceased husband of respondent No.1 in this petition. She claimed that at the time of her marriage on 14.05.2003 Rs.2,30,000/- was entrusted, on her behalf with the petitioner and she was also given gold ornaments but the same were misappropriated. She filed petition in the Family Court for realisation of the said sum of Rs.2,30,000/- and the value of gold ornaments. Petitioner and other respondents appeared in the Family Court and have filed objection (Ext.P3 is the copy of objection). One of the main objections raised is as to maintainability of the petition before the Family Court on account of lack of territorial jurisdiction as well as inherent jurisdiction since no matrimonial dispute is involved. Now the prayer of the petitioner is to transfer the case from the Family Court, Alappuzha to the Family Court, Kottarakkara. It is stated that petitioner and other contesting respondents are staying far away from the Family Court, Alappuzha and that it is only to harass them, that even on the face of lack of territorial jurisdiction petition has been filed before the Family Court, Alappuzha. Tr.P.C.No.136/2010 2 2. No doubt, this Court has power under Section 24(5) of the Code of Civil Procedure (for short, “the Code”) to withdraw a proceeding from a court having no jurisdiction and transfer the same to another court. Question is whether that power has to be exercised in this petition. It is not disputed that petitioner and other contesting respondents in O.P.No.993 of 2008 have already preferred their objection challenging jurisdiction of the court concerned on the ground of lack territorial jurisdiction and that the dispute is not a matrimonial dispute. When such an objection has already been taken, petitioner and/or other contesting respondents in O.P.No.993 of 2008 can request the Family Court concerned to consider the objection regarding maintainability of the petition and pass appropriate orders. There is no reason why this Court at this stage should exercise jurisdiction under Section 24(5) of the Code. Accordingly this petition is dismissed with a direction to the learned Judge of the Family Court, Alappuzha to consider the objection raised by the petitioner and other contesting respondents in O.P.No.993 of 2008 as to the jurisdiction of that court to entertain the petition on the grounds urged in Ext.P3 and pass appropriate orders. I.A.No.1151 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks