High Court Kerala High Court

Sandhya @ Ambili vs Bharatharajan on 2 July, 2008

Kerala High Court
Sandhya @ Ambili vs Bharatharajan on 2 July, 2008
       

  

  

 
 
  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.

                        -------------------------------

                          Tr.P.(C) No.99 of 2008

                        -------------------------------

                       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Family Court, Kottayam is withdrawn and transferred to Family Court,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.