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Judgment
Thomas P. Joseph, J.—This petition is filed by the petitioner-husband seeking transfer of O.P. No. 35 of 2010 from Family Court, Wayanad at Kalpetta to Family Court, Kozhikode. That is a petition filed the respondent for return of gold ornaments, money, etc. Petitioner has filed O.P. No. 173 of 2010 in Family Court, Kozhikode against the respondent for recovery of money, gold ornaments, etc.
Petitioner had filed O.P. No. 544 of 2009 in Family Court, Kozhikode for a declaration that the marriage is null and void and that petition has been allowed. Respondent has entered appearance and filed affidavit stating that she has no objection in transferring O.P. No. 35 of 2010 to Family Court, Kozhikode. Hence I am inclined to allow this petition.
Resultantly, petition is allowed in the following lines:
(i) O.P. No. 35 of 2010 pending in Family Court, Wayanad at Kalpetta is withdrawn from that court and made over to Family Court, Kozhikode.
(ii) The transferor court while transmitting records of the case to the transferee court shall fix date for appearance of parties in the transferee court with due intimation to the counsel for both parties.
(iii) The transferee court shall ensure that O.P. No. 35 of 2010 (transferred to that court) and O.P. No. 173 of 2010 pending in that court are posted on the same dates, as far as possible.
(iv) It is made clear that except when physical presence of respondent in the transferee court is necessary she can appear through counsel.