IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Tr.P(C).No. 21 of 2011() ------------------------------- OP.35/2010 of FAMILY COURT,TRIVANDRUM .................... PETITIONER/RESPONDENT ---------------------------------------- KUMARI CHITRA, AGED 31 YEARS, D/O.SHANTHAMMA, THADATHARIKATHU PUTHEN VEEDU, BHAJANAMADOM JUNCTION, MATHURA P.O., PANGODE, CHITHARA, KOLLAM DISTRICT. BY ADVS. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.LUIZ GODWIN D'COUTH SRI.K.P.CHANDRASEKHAR RESPONDENT/ PETITIONER ----------------------------------------- N.BALAMURUKAN, AGED 36 YEARS, S/O.NAGARATHINAM, ARA (D - III A) SHRI. SAI BHAVAN, KONNAVILA, SHANTI VILLS, NEMOM P.O. 695 020, THIRUVANANTHAPURAM. ADV. SRI.BIJU BALAKRISHNAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SMT K.T.SANKARAN, J. ------------------------------ Tr.P(C).No.21 OF 2011 ------------------------------ Dated this the 5 th day of April, 2011 ORDER The prayer in this Transfer Petition is to transfer O.P.No.35 of 2010 pending before the Family Court, Thiruvananthapuram to the Family Court, Kollam. O.P.No.35 of 2010 was filed by the respondent against the petitioner for declaring the marriage between them as null and void. 2. It is stated that the marriage was solemnized at Kallara in Thiruvananthapuram District. The petitioner is residing in Kollam District. It is stated that she has no income to meet the expenses for travelling to Thiruvananthapuram. The father of the petitioner is very old and he is suffering from various ailments. Therefore, it is contended that the petitioner is not in a position to travel to Thiruvananthapuram to attend the Family Court, Thiruvananthapuram. Tr.P(C).No.21 OF 2011 2 3. The respondent/husband opposed the application. The counsel for the respondent submitted that the distance from Chithara (the place of residence of the petitioner) to Thiruvananthapuram is only 45 kilometres whereas the distance from Chithara to Kollam is 75 kilometres approximately. It is also submitted that from the place of residence of the petitioner to Nedumangad the distance is only 18 kilometres and the respondent has no objection in transferring the case to the Family Court, Nedumangad. 4. The learned counsel for the petitioner submitted that she is not in a position to attend any Family Court in Thiruvananthapuram District as there is threat from the side of the respondent. No such averment is made in the Transfer Petition. The learned counsel for the respondent submitted that the respondent undertakes not to create any difficulty to the petitioner if she attends any Family Court in Thiruvananthapuram District. This Tr.P(C).No.21 OF 2011 3 submission is recorded. 5. Since the distance from the petitioner's residence to the Family Court, Nedumangad is only 18 kilometres, it would be ideal if the case is transferred to the Family Court, Nedumangad. Even going by the case of the petitioner, she finds it difficult to arrange the expenses for travelling. If the Family Court, Nedumangad is to try the case, the travelling expenses of the petitioner can still be reduced. To that extent, she would be in a better position if the case is transferred to the Family Court, Nedumangad instead of her chosen place at Kollam. 6. For the aforesaid reasons, the Transfer Petition is partly allowed. O.P.No.35 of 2010 pending before the Family Court, Thiruvananthapuram shall stand transferred to the Family Court, Nedumangad. The Family Court, Thiruvananthapuram shall transmit the records of the case to the Tr.P(C).No.21 OF 2011 4 Family Court, Nedumangad. The parties shall appear before the Family Court, Nedumangad on 25 th May, 2011. K.T.SANKARAN, JUDGE. cms