IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 199 of 2009()
1. MRS. DAISY, D/O.CHACKO
... Petitioner
Vs
1. MR.JOBY VARGHESE,
... Respondent
For Petitioner :SRI.JOBY CYRIAC
For Respondent :SRI.P.M.JOSHI
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :22/09/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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Tr.P.(C).NO.199 OF 2009 ()
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Dated this the 22nd day of September, 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. Wife has filed a petition as O.P.No.380 of 2009
before the Family court, Kottayam for restitution of conjugal
rights. Husband has filed a petition as O.P.(Divorce).No.701
of 2009 for a decree of divorce before the Family Court,
Ernakulam. Wife seeks transfer of the above O.P. to the
Family Court, Kottayam.
2. Notice being given the husband has entered
appearance. The learned counsel for the husband submitted
that he has no objection in transferring O.P.(Divorce).No.701
of 2009 to the Family court, Kottayam as requested for.
However, it is submitted that in the petition filed by the wife,
TPC.199/09 2
O.P.No.380 of 2009, her examination in chief by filing the
proof affidavit is over, but, she has not been cross examined.
The learned counsel seeks issue of a direction/order to the
Family court, Kottayam for joint trial of the petitions as
identical issues are to be resolved in both the proceedings.
Allowing the transfer requested for, by ordering transfer of
O.P.(Divorce).No.701 of 2009 from the Family Court,
Ernakulam to the Family court, Kottayam, I direct the Judge,
Family Court, Kottayam to consider the feasibility of joint trial
of both the cases, if any of the parties moves an application
making such request. The Judge, Family Court, Ernakulam is
directed to transfer the records of O.P.(Divorce).No.701 of
2009 to the Family court, Kottayam without delay. Parties are
directed to appear before the Family Court, Kottayam on
19.10.2009. The Judge, Family Court, Kottayam is also
directed to keep in abeyance further proceedings in
O.P.No.380 of 2009 till the receipt of the records in
O.P.(Divorce).No.701 of 2009 from the Family Court,
Ernakulam.
TPC.199/09 3
Subject to the above observations, the transfer petition is
closed.
Send a copy of this order to both the Family Courts
forthwith.
S.S.SATHEESACHANDRAN
JUDGE
prp