Smija Prasad vs Prasad P.V. on 18 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 314 of 2008()


1. SMIJA PRASAD, AGED 25, D/O. MURALEEDHARA
                      ...  Petitioner

                        Vs



1. PRASAD P.V., AGED 35, S/O. VIJAYAN,
                       ...       Respondent

                For Petitioner  :SRI.S.SACHITHANANDA PAI

                For Respondent  :SMT.T.B.MINI

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :18/02/2009

 O R D E R
                          K.T.SANKARAN, J.
                  ---------------------------------------------
                      Tr.P.(C).No.314 of 2008
                  ---------------------------------------------
            Dated this the 18th day of February, 2009



                                  ORDER

The respondent filed O.P.No.1534/08 on the file of the

Family Court, Ernakulam against the petitioner for divorce. The

prayer in this Transfer Petition is to transfer the case from

Family Court, Ernakulam to Family Court, Kannur.

2. It is stated that the petitioner wife is residing at

Kannur. It is difficult for her to attend the Family Court,

Ernakulam after travelling more than 200 kms. The learned

counsel for the petitioner pointed out that in paragraph 5 of the

petition for divorce, it is stated that the father of the petitioner,

who is fisherman, sold his residential house at Pallipuram in

Ernakulam District and went to Kannur. The case of the

petitioner that she is not in a position to appear before the

Family Court, Ernakulam, appears to be true, in the facts and

circumstances of the case.

3. The learned counsel appearing for the respondent

submitted that if the respondent appears before the Family

Tr.P(C) No.314/2008 2

Court, Kannur his life will be in danger. The counsel submitted

that the respondent has received messages in his mobile phone

threatening that he will be done away with if he appears before

the Family Court, Kannur.

4. Taking into account the facts and circumstances of the

case and also the allegations made by the respondent, I am of

the view that it is only just and proper that the Original Petition

filed by the respondent husband is transferred from Family

Court, Erakulam to Family Court, Kozhikode.

Accordingly, the Transfer Petition is partly allowed.

O.P.No.1534/08 pending before the Family Court, Ernakulam

shall stand transferred to the Family Court, Kozhikode. The

Registry shall send copy of the judgment to the Family Court,

Ernakulam and to the Family Court, Kozhikode.

K.T.SANKARAN,
JUDGE
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