IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Tr.P(C).No. 345 of 2009() ------------------------- OP.985/2009 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------------- MISS.ANUPAMA A.,D/O.GOPAKUMAR, AGED 25 YEARS, 'SITAVIHAR' KARUMADY P.O., KARUMADY VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.K.N.RAVEENDRAN SRI.P.CHANDRASEKHARAN PILLAI (VENNELA) SRI.T.B.SIVAPRASAD SRI.ABHILASH AKBAR SMT.SUMEY CHANDRAN SRI.V.S.PREJITH RESPONDENT(S): --------------- NIKHIL S., S/O.SURESHKUMAR, AGED 24 YRS. PARAYANVILAKOM, TC 8/80, THIRUMALA P.O. TRIVANDRUM DISTRICT. ADV. SMT.MIJI JOHN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- Tr.P.C.No.345 OF 2009 -------------------------------- Dated this the 11th day of January 2010 ---------------------------------------------------------- ORDER Petition is for transfer filed under section 24 of the Code of Civil Procedure. The petitioner and respondent were classmates in a nursing institution at Ernakulam. The respondent has a case that close intimacy between them culminated in the registration of their marriage under the Special Marriage Act. Petitioner, impeaching that case contends under coercion and undue influence she had been compelled to sign on some documents purporting to create a marital relationship between the parties. The respondent has filed a petition for restitution of conjugal rights as O.P No. 985 of 2009 before the Family Court, Thiruvananthapuram and the petitioner, another petition as O.P No.1031 of 2009 before the Family Court, Alappuzha for a declaration that the marriage certificate issued under the Special Marriage Act is null and void and also that the purported marriage between the parties is a nullity. Petition Tr.P.(C).No.345 OF 2009 Page numbers has been filed for transfer of the O.P filed by the respondent for restitution of conjugal rights from the Family Court, Thiruvananthapuram to the Family Court, Alappuzha. 2. Notice given, the respondent has entered appearance and filed a counter. In the counter, resisting the application, it is contended by the respondent that on a previous occasion he was manhandled by one of the close relatives of the petitioner at his advocate office when a mediation talk was arranged to resolve the disputes and the compliant filed thereof before the police is now pending investigation. He is apprehensive to go over to Family Court, Alappuzha as there is threat to his life at the instance of the close relatives of the petitioner who are stated to be highly influential. Apprehension expressed by the respondent is refuted by the learned counsel for the petitioner submitting that in fact the case of assault is only a ruse, an experimental of venture, to advance the case filed by him for restitution of conjugal rights. Whatever that be, considering the facts and circumstances presented in the case, I suggested to the counsel on both sides whether both Tr.P.(C).No.345 OF 2009 Page numbers the cases can be transferred to the Family Court, Thiruvalla. Suggestion was agreed to by the counsel on both sides and that being so, no further dilation on the disputed facts presented in the case emerge for consideration. O.P No. 985 of 2009 pending on the file of the Family Court, Thiruvananthapuram and O.P No.1031 of 2009 on the file of the Family Court, Alappuzha are ordered to be transferred to Family Court, Thiruvalla with direction to the judges of the respective family courts to transfer the records of the above case to the transferee court without delay. The transferee court on receipt of the records shall give notice to the parties for appearance. Petition is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv