IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 Tr.P(C).No. 124 of 2008() ------------------------- OP.298/2008 of FAMILY COURT, THIRUVALLA .................... : PETITIONER/RESPONDENT:- ---------------------------------------- UGENETT MARY, D/O GEORGE, KUDAKUTHUMPARAMBIL HOUSE, THOPPUMPADY P.O., KOCHI. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ------------- JOHN JOHNSON, S/O K.C. JOHN, PONMANDIRAM, NELLIKALA P.O, ELANTHOOR VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) FOR R1 SRI.M.SUNILKUMAR FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.1274 OF 2008 IN TPC 124 OF 2008 DISMISSED 14.7.2008 SD/- M.SASIDHARAN NAMBIAR, JUDGE lgk M.SASIDHARAN NAMBIAR, J. ........................................... TR.P.C.No. 124 OF 2008 ............................................ DATED THIS THE 14TH DAY OF JULY, 2008 ORDER Petitioner is the wife and respondent, the husband. This petition is filed to transfer O.P 298 of 2008 filed by the respondent for dissolution of their marriage, before Family Court, Tiruvalla to Family Court, Ernakulam. Petitioner sought the transfer, contending that her parents are no more and she is residing with her two year old son at Thoppumpady in Ernakulam and she has no employment or means of income and it is not possible for her to travel to Tiruvalla and contest the case and respondent had filed O.P.574 of 2007 earlier before Family Court, Tiruvalla and though she had appeared therein, she found it difficult to appear and later respondent has withdrawn that petition and instituted the petition for dissolution of marriage. 2. Petition is opposed by the respondent, contending that respondent has aged parents and petitioner has relatives at Ernakulam and respondent apprehends attack by them, if he appears before Family Court, Ernakulam and in such circumstances, case may not be transferred. TPC 124/2008 2 3. On hearing the learned counsel on both sides, it is clear that it is difficult for the petitioner, who is having no parents and that too, with a two year old son, to travel to Tiruvalla and contest the case, especially when her case is that she has no means or income. Though it was argued that respondent apprehends physical attack by the relatives of petitioner, if he is compelled to appear before Family Court, Ernakulam, that apprehension could be removed, if Family Court, Ernakulam is to give necessary protection to the respondent, if necessary. So also presence of respondent need not be insisted on all posting dates. 4. In the above circumstances, petition is allowed. O.P.298 of 2008 on the file of Family Court, Tiruvalla is withdrawn and transferred to Family Court, Ernakulam for disposal in accordance with law. Family Court, Ernakulam shall not insist for presence of respondent on each posting day. His presence need be insisted only for the purpose of conciliation and for evidence. If respondent applies for protection, Family Court has to afford him protection also. M.SASIDHARAN NAMBIAR, JUDGE lgk/-