IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE K.T.SANKARAN

MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933

Tr.P(C).No. 129 of 2011

TO TRANSFER OP.658/2010 FROM THE FAMILY COURT, PALAKKAD TO THE FAMILY COURT, KOTTAYAM.

PETITIONERS ----------------------

• 1. SOFIA SHERIEF, W/O.MUHAMMED SHERIEF, AGED 50 YEARS, PULIKKAMATTOM, ILLICKAL WEST POST OFFICE, KOTTAYAM.
• 2. TINUMON, S/O.MUHAMMED SHERIEF, AGED 28 YEARS, PULIKKAMATTOM, ILLICKAL WEST POST OFFICE, KOTTAYAM.
• 3. TEENAMOL, D/O.MUHAMMED SHERIEF, AGED 29 YEARS, PULIKKAMATTOM, ILLICKAL WEST POST OFFICE, KOTTAYAM.

BY ADV. SRI.C.A.CHACKO

RESPONDENT:

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BABU, S/O.PETER, AGED 31 YEARS, 'PADMA', NEAR KALLEKAD CIVIL STATION, PALAKKAD DISTRICT. 678 015.

BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

I.A.NO.968/2011 IN TR.P.(C) NO.129/2011

DISMISSED

20/6/2011 SD/- K.T.SANKARAN, JUDGE

//TRUE COPY//

AHZ/

K.T.SANKARAN, J.

------------------------------------------------------ Tr.P.(C). NO. 129 OF 2011 ------------------------------------------------------ Dated this the 20th day of June, 2011

O R D E R

According to the petitioners, the third petitioner Teenamol and the respondent Babu lived together and two children were born in that relationship. The respondent has no dispute about the relationship between him and the third petitioner. There is no dispute that two children were born in that relationship. The first petitioner is the mother of the third petitioner and the second petitioner is the brother of the third petitioner.

2. The respondent filed O.P.No.658 of 2010 before the Family Court, Palakkad, against the petitioners herein for custody of the children. The prayer in the Transfer Petition is to transfer O.P.No.658 of 2010 from the Family Court, Palakkad to the Family Court, Kottayam.

3. The respondent filed a counter affidavit. It is stated that the third petitioner and the respondent belong to different religions.

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The respondent stated that the first petitioner sold her house at Palakkad in August, 2011 and the first and third petitioners have shifted to Kottayam. It is also stated that they are now followers of a movement, which, according to the respondent, causes apprehension of danger to his life if he attends the Family Court, Kottayam. It is also stated in the counter affidavit that the respondent was threatened by the members of that movement and he was compelled to withdraw the Original Petition. He also states that he was persuaded to change his religion and to convert into the religion to which the third petitioner belongs. The respondent, therefore, says that he is not in a position to attend the Family Court, Kottayam.

4. Taking into account the facts and circumstances of the case, I am of the view that the prayer for transfer of the case from the Family Court, Palakkad requires to be granted, but at the same time, the prayer for transferring that case to the Family Court, Kottayam cannot be granted, in view of the apprehension voiced by the respondent about the danger to his life if he attends the family Court, Kottayam. In these circumstances, to suit the convenience of both the parties, it would be ideal to transfer the

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case from the Family Court, Palakkad to the Family Court, Ernakulam.

5. Accordingly, the Transfer Petition is partly allowed. O.P.No.658 of 2010 pending before the Family Court, Palakkad is transferred to the Family Court, Ernakulam. The Family court, Palakkad shall transmit the records of the case to the Family Court, Ernakulam.

The parties shall appear before the Family Court, Ernakulam on 18.7.2011.

(K.T.SANKARAN) Judge

ahz/