IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Tr.P(C).No. 207 OF 2008() ------------------------- OP.421/2008 OF FAMILY COURT, KOTTAYAM .................... PETITIONER: -------------- MS.PRIJI.N.S, AGED 26 YEARS, D/O.SRI.SANKARAN, RESIDING AT NIKATHIL HOUSE, THYKOODAM, BUND ROAD, VYTTILA, KOCHI-19. BY ADV. SRI.ANIL S.RAJ SRI.M.F.MOHAMMED SIYAD SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS SMT.ANILA PETER RESPONDENT: --------------- MR.SAJEEV PEETHAMBARAN, AGED 31 YEARS, S/O.SRI.PEETHAMBARAN, PALAPARAMBU, CHEMBU, NOW WORIKING AS POLICE CONSTABLE AT ARMED RESERVED POLICE CAMP AT HILL PALACE, TRIPUNITHURA. BY ADV. SRI.VAKKOM N.VIJAYAN SMT.M.A.RAMITHA SMT.V.RENJU SRI.P.ANIYAN SMT.REENA.C.STEPHENSON THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/09/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C)207/08 ORDER ON I.A.1898 OF 2008 IN Tr.P(C) 207 OF 2008 DISMISSED 4.9.2008 SD/- M. SASIDHARAN NAMBIAR, JUDGE. Okb/- /TRUE COPY/ P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------ Tr.P.(C) NO. 207 OF 2008 ------------------------------------------ Dated this the 4th day of September, 2008 O R D E R Petitioner is the wife and respondent the husband. This petition is filed under Section 24 of Code of Civil Procedure to transfer O.P.421 of 2008 filed by respondent before Family Court, Kottayam for restitution of conjugal rights. Case of the petitioner is that O.P.1366 of 2006 filed by petitioner before Family Court, Ernakulam, claiming return of gold ornaments, against respondent is pending and M.C.295 of 2006 filed by petitioner earlier claiming maintenance was allowed by Family Court, Ernakulam only on 30.6.2008 and in such circumstances, O.P.421 of 2008 is also to be transferred to Family Court, Ernakulam. It is also contended that petitioner is not in a sound financial position and cannot undertake travel to Ettumanoor to contest the case. 2. Learned counsel appearing for petitioner and respondent were heard. 3. Respondent in the counter filed to the transfer petition contended that he apprehends physical attack if he is to appear at Ernakulam and therefore even if the case is to be transferred, he is to be granted adequate protection. Tr.P(C)26943/08 2 4. When O.P.1366 of 2006 filed by petitioner against the respondent is pending before Family Court, Ernakulam, respondent has necessarily to appear before that Court. When that case is pending before this Court, respondent cannot have valid objection for a transfer of the case pending before Family Court, Kottayam, especially when the prayer in the petition is for restitution of conjugal rights. 5. In such circumstances the petition is allowed. O.P.421 of 2008 on the file of Family Court, Kottayam is withdrawn and transferred to Family Court, Ernakulam. If respondent apprehends any threat or physical attack, he is at liberty to seek protection from Family Court, Ernakulam. If any such request is made, Family Court to pass appropriate order in accordance with law. Family Court, Ernakulam may not insist for the appearance of the respondent on each posting dates and he need appear only on the dates when his presence is necessary for conciliation or recording of evidence. M. SASIDHARAN NAMBIAR, JUDGE Okb/-