IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Tr.P(C).No. 208 of 2007() ------------------------- OPDIV.519/2007 of FAMILY COURT, THIRUVALLA .................... : PETITIONER (RESPONDENT NO. 1 IN THE O.P (DIV) -------------------------------------------------------------- RENA PETER AGED 42 YEARS, W/O. CHNDIPILLA SHAJI, RESIDING AT POOKODAN HOUSE, UDAYAMPEROOR.P.O. ERNAKULAM. BY ADV. SRI.P.M.SAJI RESPONDENTS: PETITIONER & RESPONDENT NO.2 IN THE O.P. DIV ------------------------------------------------------------------------- 1. CHANDIPILLA SHAJI, AGED 46 YEARS, S/O. M.K.CHANDIPILLA, RESIDING AT MATTAPALLIL HOUSE, OMALLUR P.O., CHEEKANAL, PATHANAMTHITTA DISTRICT. 2. RAJU VARGHESE AGED 45 YEARS, PASTOR,S/O. KUNJUKUNJU, PADIPURATH HOUSE, MULLANIKKATTU, VAZHAUTTOM P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.BASANT BALAJI FOR R1 SRI.R.GOPAN FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.2423/2007 IN Tr.P(C) No.208/2007 10.6.2008 Dismissed Sd/- M.Sasidharan Nambiar Judge /true copy/ P.S to Judge M.Sasidharan Nambiar,J. ======================= Tr.P(C) No.208 of 2007 ======================= Dated this the 10th day of June, 2008 O R D E R This petition is filed by the wife to transfer the case O.P.(Div) 519/2007 filed by her husband before Family Court, Thiruvalla to Family Court, Ernakulam. O.P.519/2007 was filed for divorce. Case of petitioner is that it is not possible for her to travel to Thiruvalla and contest the case and with that knowledge the petition was filed at Thiruvalla.Petitioner has also stated that her mother is ailing and there is nobody else to accompany her to Thiruvalla and in such circumstance, the case pending before Family Court, Thiruvalla is to be transferred to Family Court, Ernakulam. 2.First respondent filed a counter contending that petitioner is not residing at Ernakulam and she had in fact eloped and her brother had filed a complaint and she was produced before the court Tr.P.(C)208/2007 2 from Mangalore where she was working as nurse and therefore there is no necessity to transfer the case to Ernakulam. Petitioner has filed an affidavit disputing that allegation. 3. Learned counsel appearing for petitioner and respondents were heard. 4. Learned counsel appearing for respondents submits that respondents are apprehending danger to their life if they are to appear before Family Court, Ernakulam. In such circumstance, it is submitted that the case may be transferred to some other court. 5. On hearing the learned counsel appearing for petitioner and respondents, it cannot be disputed that petitioner is residing within the jurisdiction of Family Court, Ernakulam. Her case is that there is nobody else to accompany her and it is not possible physically and financially to travel to Thiruvalla and contest the case. As preference has to be given to the difficulties expressed by the wife, case pending before Family Tr.P.(C)208/2007 3 Court, Thiruvalla is to be transferred. 6. Then the question is whether the case is to be transferred to Ernakulam or to some other Family Court. If the case is to be transferred to some other Family Court, it will be causing difficulty to both husband and wife. If the apprehension of respondents is that there will be danger to their life, adequate protection could be sought for. 7. In such circumstance, petition is allowed. O.P.(Div)519/2007 pending before Family Court, Thiruvalla is withdrawn and transferred to Family Court, Ernakulam for disposal. If respondents apprehends any danger to their life, they are entitled to apply to the Family Court, Ernakulam for proper protection which shall be accorded. M.Sasidharan Nambiar Judge tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- CRL.R.P.NO. /08 --------------------- ORDER MARCH,2008