IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Tr.P(C).No. 192 of 2008() ------------------------- PETITIONER/ 2ND RESPONDENT: --------------------------- GEETHAKUMARI, SANDHYA NIVAS, V.P 9/463, VELLAIKKADAVU, KODUNGANOOR (P.O), THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI. PRAJEESH N.P RESPONDENT/ PETITIONER: ----------------------- P.G.MUKUNDAN, S/O.GOPALAN NAIR, PADINJARE PATHIYANKADU, AROOKKUTTY VILLAGE, AROOKKUTTY (P.O), ALAPPUZHA DISTRICT. BY ADV. SRI. ABRAHAM P. GEORGE - R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 192/2008 ORDER ON I.A. NO.1757 OF 2008 IN Tr.P(C).NO. 192 of 2008 DISMISSED SD/- 5/09/2008 M. SASIDHARAN NAMBIAR, JUDGE /TRUE COPY/ P.A. TO JUDGE M.SASIDHARAN NAMBIAR, J. ........................................... TR.P(C).No. 192 OF 2008 ............................................ DATED THIS THE 5TH DAY OF SEPTEMBER, 2008 ORDER Petitioner is the wife and respondent, the husband. This petition is filed to transfer O.P 699 of 2008 filed by respondent for nullity of marriage before Family Court, Alappuzha to Family Court, Nedumangad. Petitioner filed M.C.55 of 2008 claiming maintenance before JFCM, Nedumangad. The case of petitioner is that it is not possible for her to travel to Alappuzha and contest the case and she is a permanent resident of Thiruvananthapuram and has no source of income to undertake journey and so she cannot contest the case at Alappuzha and therefore the case is to be transferred. 2. Respondent filed a counter contending that there is no reason to transfer the case to Nedumangad. It is contended that relatives of the petitioner are influential persons and if petitioner is to travel to Nedumangad, he will be threatened and so he cannot effectively prosecute the case therein. 3. Learned counsel appearing for petitioner and respondent were heard. 4. Admittedly a maintenance case is pending before TPC 192/2008 2 Nedumangad filed by petitioner against respondent. Therefore respondent has to undertake journey to Nedumangad to defend that case. According to the counter statement filed by respondent, petitioner is suffering from mental illness. In such circumstances, there is sufficient ground to order transfer, the case from Alappuzha to Nedumangad, when petitioner contends that she has no income to undertake the journey and also to prosecute the case. If the apprehension of respondent is with regard to the possible attack against him by the relatives of petitioner, respondent is at liberty to apply to the Family Court, Nedumangad to afford sufficient protection. He can also request the Family Court to exempt him from personal appearance, except on the days on which conciliation is to be attempted or evidence is to be recorded. Petition is allowed. O.P 699 of 2008 on the file of Family Court, Alappuzha is withdrawn and transferred to Family Court, Nedumangad for disposal in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE lgk/-