IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 Tr.P(C).No. 79 of 2010 TO TRANSFER OP.1563/2009 FROM FAMILY COURT, NEDUMANGAD TO THE FAMILY COURT, ERNAKULAM PETITIONER: CR.PETITIONER: ------------------------------ MAREEJA MOOSA ,D/O.KUTTI MOOSA AGED 22 YEARS, KARITHARAPARAMBIL HOUSE 44/387, KALOOR VILLAGE, NEAR SASTHA TEMPLE ROAD KALOOR, KOCHI 1-7 BY ADV. SRI.S.D.ASOKAN RESPONDENTS: PETITIONERS: --------------- 1. ROHITH, S/O.LATE V.G.RAJENDRAN NAIR AGED 34 YEARS, CHEMPAKASSERY POUTHEN VEEDU VAYALIKKEDA,VATTIYOORKAVU VILLAGE, VATTIYOORKAVU PO, NEDUMANGAD TALUK, THIRUVANANTHAPURAM. 2. S.CHARULATHA,W/O.LATE V.G.RAJENDRAN NAIR CHEMPAKASSRY PUTHEN VEEDU, VAYALIKKEDA, VATTIYOORKAVU VILLAGE, VATTIYOORKAVU PO NEDUMANGAD TALUK, THIRUVANANTHAPURAM. R1 BY ADV. SRI.RAJESH P.NAIR THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 79 OF 2010 ------------------------------------------------------ Dated this the 6th day of January, 2011 O R D E R The respondents filed O.P.No.1563 of 2009 before the Family Court, Nedumangad against the petitioner for the following reliefs: “A. Pass a decree of divorce dissolving the marriage between the 1st petitioner and counter petitioner which was solemnized on 16.11.2008. B. Pass a decree of permanent prohibitory injunction, restraining the counter petitioner and her agents from taking the petition 'B' schedule from the said Flat or do any acts detrimental to the interests of the petitioners. C. Pass a decree allowing recovery of petition 'A' schedule which absolutely belongs to petitioners 1 and 2 and the same is to be recovered from the counter petitioner and from all her assets both movable and immovable. D. Allow the costs of the proceedings. E. Such other reliefs which this Hon'ble Court deems fit and proper in the course of the proceedings may also be allowed.” Tr.P.(C) NO.79 OF 2010 :: 2 :: According to the first respondent, the marriage between the petitioner and the first respondent was solemnized. The petitioner says that there was no such marriage. The petitioner belongs to Muslim community and the first respondent belongs to Hindu community. According to the petitioner, the first respondent is involved in several criminal cases and he committed several offences including sexual offence against the petitioner. Complaints were filed before police. 2. The prayer in the Transfer Petition is to transfer O.P.No.1563 of 2009 pending before the Family Court, Nedumangad to the Family Court, Ernakulam. 3. The application is opposed by the respondents. According to the respondents, after filing the Original Petition before the Family Court, the first respondent was threatened by the relatives of the petitioner that unless he withdraws the petition,he will be dealt with severely. According to the petitioner, she cannot go to the Family Court, Nedumangad because of the threat from the side of the respondents, while according to the respondents, they cannot go to the Family Court, Ernakulam because of the threat caused by the Tr.P.(C) NO.79 OF 2010 :: 3 :: petitioner and her relatives. The matter is hotly contested by both the parties. Which Family Court shall consider the matter is the only question to be decided in the Transfer Petition. 4. After detailed arguments, both sides submitted that neither the Family Court, Nedumangad nor the Family Court, Ernakulam need try the case and the case may be tried by some other Family Court. The parties agreed that the case may be transferred to the Family Court, Alappuzha. Accordingly, the Transfer Petition is partly allowed. O.P.No.1563 of 2009, pending before the Family Court, Nedumangad shall stand transferred to the Family Court, Alappuzha. The Family Court, Nedumangad shall transmit the records in O.P.No.1563 of 2009 to the Family Court, Alappuzha. The parties shall appear before the Family Court, Alappuzha on 7th February, 2011. (K.T.SANKARAN) Judge ahz/