IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Tr.P(C).No. 359 of 2010 TO TRANSFER OP.313/2010 FROM THE FAMILY COURT, KASARAGOD TO THE FAMILY COURT, KANNUR. PETITIONER ------------------- GIFTY ALIAS MARY, AGED 29 YEARS, D/O.THOMAS, KURUMPURATH HOUSE, MANHALAPURAM, KELAKAM.P.O., KELAKAM, THALASSERY. BY ADV. SRI.D.SREEKUMAR RESPONDENT: --------------- P.C.MATHEW ALIAS SUNIL, AGED 30 YEARS, PURAYIDATHINKUNNEL HOUSE, KUNNANKAI.P.O.-676 314, WEST ELERI, KUNNANKAI, HOSDURG, KASARGOD DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 359 OF 2010 ------------------------------------------------------ Dated this the 4th day of February, 2011 O R D E R The petitioner is the wife of the respondent. The marriage between them was solemnized on 16.8.2010. It is stated that they lived together only for nine days and that the marriage was not consummated. The petitioner filed O.P.No.691 of 2010 before the Family Court, Kannur for a declaration that the marriage between the petitioner and the respondent is null and void. 2. The respondent filed O.P.No.313 of 2010 before the Family Court, Kasaragod against the petitioner for declaring that the marriage between them is null and void. 3. The petitioner belongs to Kelakam, Thalassery. It is stated that she is working at Calicut and she is residing there. It is further stated that the distance from Calicut to Kasaragod would be nearly 200 Kms. and it would be highly inconvenient and difficult for her to attend the Family Court, Kasaragod. The respondent resides at Hosdurg. The distance from Hosdurg to Kannur will be roughly half Tr.P.(C) NO.359 OF 2010 :: 2 :: of the distance from Calicut to Kasaragod. Though notice was served on the respondent, he did not enter appearance. The petitioner has also stated in the petition that due to the threat to her life, she is not in a position to appear before the Family Court, Kasaragod. Taking into account the relevant facts and circumstances and applying the principles laid down by the Supreme Court in the decisions in Dharampal (Dead) through LRs. v. National Engineering Industries Ltd. ((2001) 10 SCC 40), Mangla Patil Kale v. Sanjeev Kumar Kale ((2003) 10 SCC 280) and in Rajwinder Kaur v. Balwinder Singh ((2003) 11 SCC 726), the Transfer Petition is allowed. O.P.No.313 of 2010 pending before the Family Court, Kasaragod shall stand transferred to the Family Court, Kannur. The Family Court, Kasaragod shall transmit the records in O.P.No.313 of 2010 to the Family Court, Kannur. (K.T.SANKARAN) Judge ahz/