IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 Tr.P(C).No. 331 of 2010() ------------------------- OP.1086/2010 of FAMILY COURT,TRIVANDRUM .................... PETITIONER/RESPONDENT IN OP: --------------------------------------------------- ARYA SUGUNAN, AGED 31, D/O.PRASANNA SUGUNAN, RESIDING AT SREE PARVATHY, SAKTHI NAGAR, 187, SAKTHIKULANGARA, KOLLAM. BY ADVS. SRI.R.SURAJ KUMAR, SRI.N.AJITH. RESPONDENT(S): PETITIONER IN OP: -------------------------------------------------------- * AJAYANATH, AGED 33 YEARS, S/O.SUSEELAN, AJAY NIVAS, TOLLGATE P.O., MANNARCAUD, THIRUVANANTHAPURAM - 695 001.(CORRECTED) * THE ADDRESS OF THE RESPONDENT IS CORRECTED AS “MANACAUD” INSTEAD OF “MANNARCAUD” AS PER ORDER DTD. 15/12/2010 IN I.A.NO.3053/2010. BY ADVS. SRI.RAM MOHAN.G., SRI.G.P.SHINOD, SRI.MANU V., SRI.GOVIND P. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== Tr.P(C) NO.331 of 2010 ==================================== Dated this the 15th day of December, 2010 O R D E R This petition is filed by the wife seeking transfer of O.P. No.1086 of 2010 from Family Court, Thiruvananthapuram to Family Court, Kollam. That is a petition filed by the respondent for a declaration that marriage between himself and petitioner is null and void on the allegation that petitioner is mentally ill. Petitioner states that she is a resident of Sakthikulangara and that she has to travel a long distance of about 90 kms to Family Court, Thiruvananthapuram to contest the case. It is also stated that petitioner’s father is a cancer patient, her mother is bed-ridden and that there is nobody to accompany her to attend Family Court, Thiruvananthapuram to contest the case. In the meantime petitioner has filed O.P. No.1363 of 2010 in Family Court, Kollam claiming return of gold ornaments and other articles from the respondent. 2. Learned counsel for respondent while denying various allegations made against respondent in the petition for transfer stated that respondent has no serious objection in transferring the Tr.P(C) No.331 of 2010 -: 2 :- case to Family Court, Kollam. 3. So far as the request for transfer is concerned it is not necessary to go into the truth of allegations and counter allegations made by parties as to the circumstances leading to the respondent filing O.P. No.1086 of 2010. That is a matter to be decided by the appropriate court dealing with that petition. Considering the inconvenience of petitioner as stated above and taking into account the fact that request for transfer is not opposed I am inclined to allow the request for transfer. Resultantly, petition is allowed in the following lines: (i) O.P.No.1086 of 2010 pending in Family Court, Thiruvananthapuram is withdrawn from that court and made over to Family Court, Kollam. (ii) The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of parties in the transferee court with due intimation to the counsel on both sides. Tr.P(C) No.331 of 2010 -: 3 :- (iii) Family Court, Kollam shall ensure that O.P. No.1086 of 2010 (transferred to that court) and O.P. No.1363 of 2010 (pending in that court) are posted as far as possible on the same dates. (iv) It is made clear that except when physical presence of respondent in the transferee court is necessary he can appear through counsel. THOMAS P. JOSEPH, JUDGE. vsv