IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Tr.P(C).No. 314 of 2008() ------------------------- OP.1534/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER/RESPONDENT IN THE FAMILY COURT :- ---------------------------------------------------------------- SMIJA PRASAD, AGED 25, D/O. MURALEEDHARAN THUNDIYILVEEDU, KANNADIPARAMBU P.O., NEAR VALLOMKADAVU TEMPLE , KANNUR. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT(S): RESPONDENT (PETITIONER BEFORE THE FMILY COURT):- --------------------------------------------------------------- PRASAD P.V., AGED 35, S/O. VIJAYAN, PANAMCHICKAL VEEDU, CHERAI P.O., ERNAKULAM DT. ADV. SMT.T.B.MINI FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TPC 314/2008 ORDER IN I.A.NO.2680/08 IN TR.P.C.NO.314/2008 DISMISSED 18.2.2009 SD/- K.T.SANKARAN, JUDGE /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- Tr.P.(C).No.314 of 2008 --------------------------------------------- Dated this the 18th day of February, 2009 ORDER The respondent filed O.P.No.1534/08 on the file of the Family Court, Ernakulam against the petitioner for divorce. The prayer in this Transfer Petition is to transfer the case from Family Court, Ernakulam to Family Court, Kannur. 2. It is stated that the petitioner wife is residing at Kannur. It is difficult for her to attend the Family Court, Ernakulam after travelling more than 200 kms. The learned counsel for the petitioner pointed out that in paragraph 5 of the petition for divorce, it is stated that the father of the petitioner, who is fisherman, sold his residential house at Pallipuram in Ernakulam District and went to Kannur. The case of the petitioner that she is not in a position to appear before the Family Court, Ernakulam, appears to be true, in the facts and circumstances of the case. 3. The learned counsel appearing for the respondent submitted that if the respondent appears before the Family Tr.P(C) No.314/2008 2 Court, Kannur his life will be in danger. The counsel submitted that the respondent has received messages in his mobile phone threatening that he will be done away with if he appears before the Family Court, Kannur. 4. Taking into account the facts and circumstances of the case and also the allegations made by the respondent, I am of the view that it is only just and proper that the Original Petition filed by the respondent husband is transferred from Family Court, Erakulam to Family Court, Kozhikode. Accordingly, the Transfer Petition is partly allowed. O.P.No.1534/08 pending before the Family Court, Ernakulam shall stand transferred to the Family Court, Kozhikode. The Registry shall send copy of the judgment to the Family Court, Ernakulam and to the Family Court, Kozhikode. K.T.SANKARAN, JUDGE csl