IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 Tr.P(C).No. 396 of 2010() ------------------------------------ OP.1039/2010 of FAMILY COURT, MALAPPURAM .................... PETITIONER/RESPONDENT ---------------------------------------- SREEGEETHA K.P., D/O.KESHAVAPATTERI, EDAMANA ILLAM, HARIPURAM P.O., PULLUR VILLAGE, HOSDURG, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT/PETITIONER ----------------------------------------- SANDEEPANI. C., S/O.SHANKARANARAYANAN EMBRANTHIRI, CHERKKATTU MADAM, KURUMBATHUR P.O., THIRUNNAVAYA, MALAPPURAM DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs K.T.SANKARAN, J. ------------------------------ Tr.P.(C).No.396 OF 2010 ------------------------------ Dated this the 1 st day of February, 2011 ORDER The petitioner is the wife of the respondent. The marriage between the parties took place on 20.6.2010 at Nileshwar, Kasaragod District. According to the petitioner, her life in the house of the respondent was miserable and cruelty was meted out by the respondent. The petitioner was constrained to file M.C.No.162 of 2010 before the Court of the Judicial Magistrate of the First Class, Hosdurg under Section 12(1) of the Protection of Women from Domestic Violence Act. It is stated that after receiving notice in that application, the respondent filed OP No.1039 of 2010 before the Family Court, Malappuram, for divorce. The prayer in this Transfer Petition is to transfer OP No.1039 of 2010 from the Family Court, Malappuram to the Family Court, Kasaragod. Tr.P.C.No.396 OF 2010 2 2. It is stated that the petitioner is unemployed and that she is living at the mercy of her aged parents. There is nobody to accompany her to Malappuram, says the petitioner. If the petitioner were to attend the Family Court, Malappuram, she would be put to great misery and hardship, submits the counsel for the petitioner. 3. Though notice was issued to the respondent, there is no appearance for the respondent. 4. In the facts and circumstances of the case, it is only just and proper to transfer the case from the Family Court, Malappuram to the Family Court, Kasaragod. Going by the uncontroverted statements in the Transfer Petition, the Family Court, Kasaragod is having the jurisdiction to try the case. The petitioner is residing within the jurisdiction of the Family Court, Kasaragod. Tr.P.C.No.396 OF 2010 3 For the aforesaid reasons, the Transfer Petition is allowed. OP No.1039 of 2010 on the file of the Family Court, Malappuram shall stand transferred to the Family Court, Kasaragod. The Family Court, Malappuram shall transmit the records to the Family Court, Kasaragod. K.T.SANKARAN, JUDGE. cms