This is a petition filed under Section 24 of the Code of Civil Procedure seeking to have O.P.No.675/2014 filed by the respondent herein before the Family Court, Irinjalakuda transferred to Family Court, Thodupuzha. 2. It appears that the relief sought for by the respondent in her original petition is for realization of gold ornaments and other articles which are alleged to have been given to the petitioners.
3. Obviously, the relationship between the husband and wife became bitter and that gave rise to litigations. The only reason for seeking transfer from Family Court, Irinjalakuda to Family Court, Thodupuzha is that the 1st petitioner is advanced in age and he suffers from various ailments which prevents him from appearing before the court to attend the case.
4. It must at once be noticed that the petitioners 2 and 3 are sailing with the 1st petitioner and they are young and healthy.
T.P.(C) No.596/2014 2 It will not be necessary for the 1st petitioner to appear before the Family Court, Irinjalakuda on all occasions. Certainly, it is open to him to seek exemption from personal appearance.
5. In the light of fact that common contention is available to the petitioners, the case of the 1st petitioner does not stand on a different footing from that of the petitioners 2 and 3. On the other hand, transferring the matter to Family Court, Thodupuzha will be driving the respondent to go over to Thodupuzha on every occasion and that would cause considerable inconvenience to her especially when there is nobody to accompany her and may have also financial difficulties.
Considering the interest of justice, it is felt that the relief sought for by the petitioners cannot be granted.
The Transfer Petition is accordingly dismissed.
P.BHAVADASAN JUDGE smp