IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 65 of 2008()
1. BINDU K.ANN, D/O.KIRIYAN, AGED 32 YEARS,
... Petitioner
Vs
1. BIJU NINAN, AGED ABOUT 35 YEARS,
... Respondent
For Petitioner :SRI.K.BABU (VETTAKALAYIL)
For Respondent :SRI.C.S.SUNIL
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/06/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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Tr.P.(C) .No. 65 of 2008
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Dated this the 3rd day of June, 2008
ORDER
Petitioner is the wife and respondent is the husband.
Their marriage was solemnized on 22.10.2007.
Respondent husband filed O.P.57 of 2008 before Family
Court, Kottayam for declaration that their marriage is null
and void alleging that petitioner was not mentally sound at
the time of the marriage. This petition is filed for a
transfer of that petition to Family Court, Kottarakkara
contending that it is not possible to contest the case at
Kottayam. Learned counsel appearing for petitioner and
respondent heard. The argument of the learned counsel
appearing for petitioner is that petitioner is having
treatment at Kottayam and in such circumstances there is
no necessity to transfer the case to Kottarakkara.
2. Petitioner wife is admittedly a resident of
Vilayanthoor Muri of Ummannoor Village of Kottarakkara
Taluk. There is force in the submission of the petitioner
TrP.C 65/08 2
that it is not possible for her to contest the case at Ettumanoor.
It has more force when the husband is alleging that she is
mentally ill. In such circumstances the petition is allowed. The
O.P 57 of 2008 on the file of Family Court, Kottayam is
withdrawn and transferred to Family Court, Kottarakkara for
disposal in accordamce with law.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-