IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Tr.P(C).No.300 of 2008 --------------------------- OP.1047/2007 of FAMILY COURT, ERNAKULAM .................... PETITIONER/RESPONDENT ------------------------------- REJIMON, AGED 35 YEARS S/O.NARAYANAN, MARAPPARAMBIL HOUSE WEST KODICKULAM P.O.,THODUPUZHA TALUK. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENT/PETITIONER: --------------------------------- SARITHA, D/O.PRABHAKARAN, PAYYANNA HOUSE, NIRMALA COLLEGE JUNCTION MUVATTUPUZHA P.O.,MUVATTUPUZHA VILLAGE ERNAKULAM DISTRICT. ADV. SRI.PAUL K.VARGHESE FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Tr. P.C No.300 of 2008 ------------------------------------------------ Dated this the 11th day of December, 2008 ORDER Petitioner is the husband of the respondent and the prayer in this Transfer Petition is to transfer O.P.1047/07 now pending on the file of the Family Court, Ernakulam to the Family Court, Thodupuzha and counsel submits that the respondent also is residing at Muvattupuzha and to have the case at Thodupuzha Family Court may be more convenient for her also. 2. The transfer sought for is vehemently opposed by the counsel for the respondent. It is submitted that on one occasion the respondent went over to Thodupuzha which is the native place of the petitioner along with her parents and that the petitioner was ill- treated and herself as also her parents were humiliated by the petitioner as also his Tr. P.C No.300 of 2008 -2- relatives and his men and that the respondent is afraid to go over to Thodupuzha where the petitioner is having his own men to harass her. Counsel for the petitioner submits that the allegations are not genuine and that no such harassment was meted out to the respondent/wife. 3. It is also submitted that respondent has filed M.C.363/08 before the Family Court, Ernakulam for maintenance against the petitioner/husband as he is not making any payment for maintenance of herself and the children born to her through the petitioner. 4. Having considered the entire circumstances of the case, I am of the view that it is not advisable to transfer the case from the file of the Family Court, Ernakulam to Family Court, Thodupuzha to the detriment of the respondent/wife. Tr. P.C No.300 of 2008 -3- 5. In the result, disallowing the prayer for transfer, I dismiss this Transfer Petition. K.P.BALACHANDRAN, JUDGE kns/-