IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Tr.P(C).No. 65 of 2008() ------------------------ OP.57/2008 of FAMILY COURT, KOTTAYAM .................... PETITIONER : ----------------- BINDU K.ANN, D/O.KIRIYAN, AGED 32 YEARS, GOVERNMENT EMPLOYEE, KIZHAKKAVEETTIL, ODANAVATTOM, P.O, VILAYANTHOOR MURI, UMMANNOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.BABU (VETTAKALAYIL) SRI.JOHNSON GOMEZ RESPONDENTS: ------------- BIJU NINAN, AGED ABOUT 35 YEARS, S/O.NINAN KUTTIACHAN, CHRISTIAN, BUSINESS, JAY NIVAS BHAVANAM, S.H.MOUNT P.O, NATTASSERI MURI, PERUMPAYICODU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.C.S.SUNIL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ Tr.P.(C) .No. 65 of 2008 ------------------------------------------ Dated this the 3rd day of June, 2008 ORDER Petitioner is the wife and respondent is the husband. Their marriage was solemnized on 22.10.2007. Respondent husband filed O.P.57 of 2008 before Family Court, Kottayam for declaration that their marriage is null and void alleging that petitioner was not mentally sound at the time of the marriage. This petition is filed for a transfer of that petition to Family Court, Kottarakkara contending that it is not possible to contest the case at Kottayam. Learned counsel appearing for petitioner and respondent heard. The argument of the learned counsel appearing for petitioner is that petitioner is having treatment at Kottayam and in such circumstances there is no necessity to transfer the case to Kottarakkara. 2. Petitioner wife is admittedly a resident of Vilayanthoor Muri of Ummannoor Village of Kottarakkara Taluk. There is force in the submission of the petitioner TrP.C 65/08 2 that it is not possible for her to contest the case at Ettumanoor. It has more force when the husband is alleging that she is mentally ill. In such circumstances the petition is allowed. The O.P 57 of 2008 on the file of Family Court, Kottayam is withdrawn and transferred to Family Court, Kottarakkara for disposal in accordamce with law. M. SASIDHARAN NAMBIAR, JUDGE Okb/-