IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 222 of 2009()
1. DHANYA ELIZ ABRAHAM,
... Petitioner
Vs
1. JUBIN JOY JOHN, S/O.JOY JOHN,
... Respondent
For Petitioner :SRI.GEO PAUL
For Respondent :SRI.G.SHRIKUMAR
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :24/08/2009
O R D E R
S.S. SATHEESACHANDRAN, J.
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Tr.P.(C) No.222 of 2009
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Dated: 24th August, 2009
ORDER
This petition for transfer is filed under Section 24 of the C.P.C.
Petitioner is the wife and the respondent, the husband. Husband has
filed the petition for declaring the marriage as null and void and that
petition numbered as O.P.(Divorce)No.436 of 2009 is pending before
the Family Court, Alappuzha. Wife seeks transfer of the above
petition to the Family Court, Ernakulam stating that she is
permanently settled at Ernakulam and she has none to assist her to
go over and to defend the proceedings launched by the husband at
the Family Court, Alappuzha.
2. Notice on the petition given, respondent/husband has
entered appearance. He has filed a counter resisting the application
for transfer. I heard the counsel on both sides. Learned counsel for
the petitioner submits that the wife is unemployed, she does not have
independent income and she depends on her parents for sustaining
her life. Since she is settled at Ernakulam, it will be difficult and
inconvenient for her to go over to Alappuzha to defend the
proceedings launched by her husband and there is none to assist her
in case the proceedings are continued at that place, according to the
Tr.P.C.No.222/09 – 2 –
learned counsel. On the other hand, learned counsel for the
respondent would contend that the marriage of the parties took place
at Mavelikkara and the distance to Alappuzha so far as the husband
and the wife are concerned is equal and there is no merit in the
claim of the wife that she will face inconvenience and hardship if the
proceedings are continued in the Family Court, Alappuzha which has
jurisdiction to entertain such proceedings. A2 is the copy of the
petition filed by the husband seeking a declaration that the marriage
is null and void. Perusing A2, I find the main challenge raised to
sustain the relief for declaration is that the wife suffers from mental
illness and she has evinced symptoms of schizophrenia. In assessing
comparative hardship of the parties in considering the request for
transfer, the allegations raised in the petition may also have some
significance. When the husband has got a case that the wife is a
schizophrenic, to insist her to go over to a Family Court situate at a
far away place from her ordinary place of residence, cannot be
justified. I need not go into the merits of the allegations raised, but
the allegations so raised, in the given facts of the case, have to be
taken note of for considering the request for transfer made by the
wife. So much so, I find that transfer of the case to the Family Court,
Tr.P.C.No.222/09 – 3 –
Ernakulam from the Family Court, Allapuzha has to be passed and it
is ordered accordingly. I direct the Judge, Family Court, Alappuzha to
transfer the records of the case to the Family Court, Ernakulam
without delay, at any rate, within a period of three weeks from the
date of receipt of a copy of this order. Parties are directed to appear
before the Family Court, Ernakulm on 5th October, 2009. Transfer
Petition is disposed as above.
srd S.S. SATHEESACHANDRAN, JUDGE