IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 192 of 2008()
1. GEETHAKUMARI, SANDHYA NIVAS,
... Petitioner
Vs
1. P.G.MUKUNDAN, S/O.GOPALAN NAIR,
... Respondent
For Petitioner :SRI.GOPAKUMAR R.THALIYAL
For Respondent :SRI.ABRAHAM P.GEORGE
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :05/09/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
...........................................
TR.P(C).No. 192 OF 2008
............................................
DATED THIS THE 5TH DAY OF SEPTEMBER, 2008
ORDER
Petitioner is the wife and respondent, the husband. This
petition is filed to transfer O.P 699 of 2008 filed by respondent
for nullity of marriage before Family Court, Alappuzha to Family
Court, Nedumangad. Petitioner filed M.C.55 of 2008 claiming
maintenance before JFCM, Nedumangad. The case of petitioner
is that it is not possible for her to travel to Alappuzha and
contest the case and she is a permanent resident of
Thiruvananthapuram and has no source of income to undertake
journey and so she cannot contest the case at Alappuzha and
therefore the case is to be transferred.
2. Respondent filed a counter contending that there is no
reason to transfer the case to Nedumangad. It is contended that
relatives of the petitioner are influential persons and if petitioner
is to travel to Nedumangad, he will be threatened and so he
cannot effectively prosecute the case therein.
3. Learned counsel appearing for petitioner and
respondent were heard.
4. Admittedly a maintenance case is pending before
TPC 192/2008 2
Nedumangad filed by petitioner against respondent. Therefore
respondent has to undertake journey to Nedumangad to defend
that case. According to the counter statement filed by
respondent, petitioner is suffering from mental illness. In such
circumstances, there is sufficient ground to order transfer, the
case from Alappuzha to Nedumangad, when petitioner contends
that she has no income to undertake the journey and also to
prosecute the case. If the apprehension of respondent is with
regard to the possible attack against him by the relatives of
petitioner, respondent is at liberty to apply to the Family Court,
Nedumangad to afford sufficient protection. He can also request
the Family Court to exempt him from personal appearance,
except on the days on which conciliation is to be attempted or
evidence is to be recorded.
Petition is allowed. O.P 699 of 2008 on the file of
Family Court, Alappuzha is withdrawn and transferred to Family
Court, Nedumangad for disposal in accordance with law.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-