IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Tr.P(C).No. 4 of 2011 TO TRANSFER OP.1315/2010 FROM THE FAMILY COURT, KOTTAYAM TO THE FAMILY COURT, KOTTARAKKARA. PETITIONERS ---------------------- 1. SUBI, AGED 32 YEARS, S/O.BAHULEYAN, DURGARUDRA BHAVAN,THAZHAM MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. BAHULEYAN, AGED 64 YEARS, DURGARUDRA BHAVAN, THAZHAM MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK KOLLAM DISTRICT. 3. SARASAMMA, AGED 60 YEARS, W/O. BAHULEYAN,DURGARUDRA BHAVAN, THAZHAM MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK KOLLAM DISTRICT. 4. SIBI, AGED 28 YEARS, S/O. BAHULEYAN,DURGARUDRA BHAVAN,THAZHAM MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: ---------------------- K.M.SASIDHARAN, S/O. MADHAVAN, KAIMUKKIL VEEDU, AYIMANAM.P.O., AYIMANAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. ADV. SRI.JINU JOSEPH THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 4 OF 2011 ------------------------------------------------------ Dated this the 4th day of February, 2011 O R D E R The marriage between the first petitioner and the deceased Indu, daughter of the respondent, took place on 7.6.2009. After the marriage, Indu was taken to the house of the first petitioner. She committed suicide on 19.12.2009. According to the respondent, Indu committed suicide due to the cruelty meted out by the petitioners towards her. Petitioners 2, 3 and 4 are respectively the father, mother and brother of the first petitioner. 2. The respondent filed O.P.No.1315 of 2010 before the Family Court, Kottayam against the petitioners for return of a sum of Rupees Two lakhs and 35 sovereigns of gold entrusted to the petitioners at the time of marriage between Subi, the first petitioner, and Indu. O.P.No.1315 of 2010 is pending. The prayer in the Transfer Petition is to transfer that case to the Family Court, Kottarakkara. 3. The only reason stated for transfer of the case is that some Tr.P.(C) NO.4 OF 2011 :: 2 :: of the relatives of the respondent are threatening the petitioners continuously and that the petitioners apprehend ill-treatment by them when the petitioners appear before the Family Court, Kottayam. No specific incident is mentioned in the Transfer Petition about any such ill-treatment. No data is furnished in the Transfer Petition to come to any conclusion that the apprehension voiced by the petitioners is genuine. 4. An objection is filed by the respondent, in which, it is contended inter alia as follows: Indu committed suicide due to the cruelty meted out by the petitioners. It is also stated that the second petitioner, who was working as Headmaster in a school, is involved in about twenty criminal cases involving circulation of fake passport, fake certificates etc. Several cases are pending before the Courts at Manjeri, Malappuram and Kozhikode, in which the second petitioner is an accused. Learned counsel for the respondent also submitted that the second petitioner was dismissed from service. 5. In the objections, the respondent also stated that he is aged 60 years and he is suffering from coronary heart disease, diabetes and hypertension. Tr.P.(C) NO.4 OF 2011 :: 3 :: 6. There is no reason why the case should be transferred from the Family Court, Kottayam to the Family Court, Kottarakkara. As stated earlier, the apprehension voiced by the petitioners in paragraph 4 of the Transfer Petition is not supported by any material. If the respondent is compelled to appear before the Family Court, Kottarakkara, he would be put to great inconvenience and prejudice, taking into account his age and illness stated in the objection. For the aforesaid reasons, the Transfer Petition is dismissed. (K.T.SANKARAN) Judge ahz/