IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 Tr.P(C).No. 58 of 2011() ---------------------------------- O.P.NO. 161/2011 of FAMILY COURT,ERNAKULAM .................... PETITIONER/RESPONDENT ----------------------------------------- MARIYA V. JOY, AGED 27 YEARS, D/O.JOY V.P, RESIDING AT CHAMMANAM HOUSE BOWLING GREEN, MISSION QUARTERS, THRISSUR-1. BY ADV. SRI.SANTHEEP ANKARATH SRI.SUMODH MADHAVAN NAIR RESPONDENT(S)/PETITIONER --------------------------------------------- K.SUNIL BABU, S/O. DR.K.C.BABU, MOOLAPAT, MANJAKKAD, SHORNOOR, PIN 679 121. OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.RAJIT THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.BHAVADASAN, J. -------------------------------------------- Tr.P(C) Nos.58 & 59 of 2011 -------------------------------------------- Dated this the 24th day of March 2011 Judgment The marriage between the petitioner and the respondent took place on 27.01.2008 and a child was born to them in the wedlock. Various averments are made in the petition which are not necessary to be extracted in this judgment. Suffice to say that the parties fell apart and the husband filed OP NO.313/10 before the Family Court, Palakkad seeking divorce and also OP No.161/11 before the Family Court, Ernakulam praying for custody of the minor child. The petitioner claims that she now resides at Thrissur and it is pointed out that the allegation raised against her is that she is a mentally retarded person. It is therefore, prayed that both the original petitions may be transferred to the Family Court, Thrissur to enable her to attend both the cases. TP(C) 58 & 59/11 2 2. It is significant to notice that the husband has filed one petition at Palakkad and another at Ernakulam, which itself shows that his only attempt is to harass the petitioner. In the light of the allegation raised against the petitioner, it is felt that it is only just and proper that both the petitions be tried at the Family Court, Thrissur. In the result, these Transfer Petitions are allowed. OP NO.313/10 filed before the Family Court, Palakkad and OP No.161/11 filed before the Family Court, Ernakulam shall stand transferred to Family Court, Thrissur. P.Bhavadasan, Judge sta TP(C) 58 & 59/11 3