IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Tr.P(C).No. 222 of 2009() ----------------------------------- OP.436/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER (S) /RESPONDENT ---------------------------------------------- DHANYA ELIZ ABRAHAM, W/O.JUBIN JOY JOHN, AGED 26 YEARS, RESIDING AT FLAT NO.32, KAIRALI APPARTMENTS, PANAMPILLY NAGAR, KADAVANTHRA, ERNAKULAM. BY ADVS.MR.GEO PAUL MR.SANU MATHEW MR.C.R.PRAMOD MR.NOEL JOSEPH MR.M.B.SANDEEP RESPONDENT(S): PETITIONER ------------------------- JUBIN JOY JOHN, S/O.JOY JOHN, AGED 27 YEARS, RESIDING AT AREEPARAMBIL HOUSE, KOTTENKAVU KARA MURI, MAVELIKARA VILLAGE, MAVELIKARA. R1 BY ADVS.MR.G.SHRIKUMAR, MR.SREEJITH S.NAIR, SMT.KAVERY S THAMPI. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA. NO.2121/2009 IN TrP(C) NO.222/2009 CLOSED 24/08/2009 SD/- S.S.SATHEESACHANDRAN , JUDGE TRUE COPY P.S. TO JUDGE tss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No.222 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 24th August, 2009 ORDER This petition for transfer is filed under Section 24 of the C.P.C. Petitioner is the wife and the respondent, the husband. Husband has filed the petition for declaring the marriage as null and void and that petition numbered as O.P.(Divorce)No.436 of 2009 is pending before the Family Court, Alappuzha. Wife seeks transfer of the above petition to the Family Court, Ernakulam stating that she is permanently settled at Ernakulam and she has none to assist her to go over and to defend the proceedings launched by the husband at the Family Court, Alappuzha. 2. Notice on the petition given, respondent/husband has entered appearance. He has filed a counter resisting the application for transfer. I heard the counsel on both sides. Learned counsel for the petitioner submits that the wife is unemployed, she does not have independent income and she depends on her parents for sustaining her life. Since she is settled at Ernakulam, it will be difficult and inconvenient for her to go over to Alappuzha to defend the proceedings launched by her husband and there is none to assist her in case the proceedings are continued at that place, according to the Tr.P.C.No.222/09 - 2 - learned counsel. On the other hand, learned counsel for the respondent would contend that the marriage of the parties took place at Mavelikkara and the distance to Alappuzha so far as the husband and the wife are concerned is equal and there is no merit in the claim of the wife that she will face inconvenience and hardship if the proceedings are continued in the Family Court, Alappuzha which has jurisdiction to entertain such proceedings. A2 is the copy of the petition filed by the husband seeking a declaration that the marriage is null and void. Perusing A2, I find the main challenge raised to sustain the relief for declaration is that the wife suffers from mental illness and she has evinced symptoms of schizophrenia. In assessing comparative hardship of the parties in considering the request for transfer, the allegations raised in the petition may also have some significance. When the husband has got a case that the wife is a schizophrenic, to insist her to go over to a Family Court situate at a far away place from her ordinary place of residence, cannot be justified. I need not go into the merits of the allegations raised, but the allegations so raised, in the given facts of the case, have to be taken note of for considering the request for transfer made by the wife. So much so, I find that transfer of the case to the Family Court, Tr.P.C.No.222/09 - 3 - Ernakulam from the Family Court, Allapuzha has to be passed and it is ordered accordingly. I direct the Judge, Family Court, Alappuzha to transfer the records of the case to the Family Court, Ernakulam without delay, at any rate, within a period of three weeks from the date of receipt of a copy of this order. Parties are directed to appear before the Family Court, Ernakulm on 5th October, 2009. Transfer Petition is disposed as above. srd S.S. SATHEESACHANDRAN, JUDGE