Alphonsa v. Bineesh

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 Tr.P(C).No. 486 of 2015 () --------------------------- (TO TRANSFER IN OP.NO. 556/2015 OF FAMILY COURT, KANNUR TO FAMILY COURT, MALAPPURAM) --------- PETITIONER/RESPONDENT:

-------------------------------------------- ALPHONSA, AGED 21 YEARS, D/O. KUNJARIYA, KANCHANKODATH HOUSE, VARAKULAM, MODAPOIKA P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT - 679 331.

BY ADVS.SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT/PETITIONER:

------------------------------------------- BINEESH, AGED 24 YEARS, S/O. WILSON, MANIYANKAL HOUSE, POOVAM, KUTTIYIRI P.O., THALIPARAMBA TALUK, KANNUR DISTRICT. PIN-670 141 BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Tr.P(C).No. 486 of 2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX A COPY OF THE PETITION O.P.NO.556/2015 PENDING BEFORE THE FAMILY COURT, KANNUR.

ANNEX B COPY OF THE MC NO.220/2015 BEFORE THE FAMILY COURT, MALAPPURAM ANNEX C COPY OF THE FIR IN CRIME NO.395/2015 VAZHIKADAVU POLICE STATION RESPONDENT'S ANNEXURES:

NIL /TRUE COPY/ P.S.TO JUDGE sts

K.ABRAHAM MATHEW J.

-------------------------------------------------------- Tr.P.(C)No.486 of 2015 -------------------------------------------------------- Dated this the 8th day of October, 2015

ORDER

Petitioner is the wife of the respondent. She has filed O.P No.556 of 2015 in Family Court, Kannur for divorce. She prays that it may be transferred to Family Court, Malappuram. Heard.

The petitioner is a resident of Nilambur in Malappuram district. She is aged only 21 years. It is hard to ask her to travel to Kannur. Learned counsel for the respondent submits that the respondent apprehends danger to his life. But that is not a ground not to transfer the case. He may bring it to the notice of the Judge concerned who shall make appropriate arrangements for his protection if necessary.

In the result, this Transfer Petition is allowed. O.P No.556 of 2015 of Family Court, Kannur is transferred to Family Court, Malappuram. The parties shall appear in that court on 20.11.2015. Sd/- K.ABRAHAM MATHEW JUDGE cms /True copy/ P.S.to Judge