IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Tr.P(C).No. 240 of 2008 -------------------------------------- OP.1107/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONERS/RESPONDENTS: 1. JEESHA.P.M,AGED 28 YEARS, D/O.P.MANOHARAN, RESIDING AT CHALAKUNNUMEL HOUSE, PERUTHATTIL, ERANHOLY.P.O, THALASSERY. 2. KRISHNA VRINDHA, AGED 2 1/2 YEARS,MINOR, REP. BY JEESHA.P.M, DO. DO. BY ADV. SRI.JOBY JACOB PULICKEKUDY RESPONDENT/PETITIONER: MANOJ KRISHNAN, AGED 32, S/O.V.A.KRISHNAN VADAKUNNATHMALI HOUSE, ASAMANNUR, KUNNATHUNADU TALUK, ERNAKULAM. ADV. SRI.K.A.SREEJITH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. -------------------------- Tr.P.(C)No.240 of 2008 -------------------------- ORDER Heard counsel on both sides. 2. Petitioners, who seek transfer of O.P.No. 1107/08 from the Family Court, Ernakulam to the Family Court, Kannur, are respectively the wife and child of the respondent. It is submitted that the first petitioner along with the second minor petitioner is residing at Thalassery, though she hails from Perumbavoor, as she is employed there and she finds it inconvenient to come over to Ernakulam to defend the case filed by the respondent/husband for restitution of conjugal rights. 3. The objection raised by the counsel for the respondent is that the petitioner is highly related with political leaders belonging to Marxist Communist Party and they will chop off the head of the respondent, if he goes over to Kannur. I cannot endorse to the correctness of the submission made TrPC 240/08 2 regarding the apprehension of the respondent. If he apprehends any such action, that can happen even if he does not go to Kannur. With a view to suit the convenience of the wife of the respondent and her minor child aged only 2½ years, born to the respondent, it is only proper that the request for transfer of the case to the Family Court, Kannur is allowed. In the result, allowing this transfer petition, I order that O.P.No.1107/08 pending before the Family Court, Ernakulam be transferred to the Family Court, Kannur. 26th November, 2008 (K.P.Balachandran, Judge) tkv