IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 99 of 2008()
1. SANDHYA @ AMBILI, AGED 39 YRS, DAUGHTER
... Petitioner
Vs
1. BHARATHARAJAN, AGED 46 YRS, SON OF
... Respondent
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent :SRI.BECHU KURIAN THOMAS
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :02/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Tr.P.(C) No.99 of 2008
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Dated this the 2nd July, 2008.
O R D E R
Petitioner is the wife, respondent the husband. This
petition is filed to transfer O.P.(HMA) 325/2008, on the file of Family
Court, Kottayam, to Family Court, Kollam. The case of the petitioner
is that she is residing at Kollam, and is not in a position to travel to
Kottayam, and respondent is an employee of Railways and has a
railway pass, and in such circumstances, the case may be transferred
to Kollam.
2. The learned counsel appearing for respondent
submitted that respondent apprehends physical attack by the relatives
of the petitioner, if the case is to be transferred to Kollam, and in such
circumstances, the case may not be transferred.
3. If the apprehension is only with regard to physical
attack when the respondent appears at Family Court, Kollam,
respondent is at liberty to apply to the Family Court to afford
necessary protection. If any such request is made, Family Court shall
Tr.P.(C) No.99/2008
2
ensure the safety of the respondent and shall not insist for the
presence of the respondent on all posting days except for the
conciliation and for giving evidence.
Considering the difficulties expressed by the petitioner-
wife, petition is allowed. O.P.(HMA) No.325 of 2008 on the file of
Family Court, Kottayam is withdrawn and transferred to Family Court,
Kollam, for disposal, in accordance with law.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.