This is a petition filed under Section 24 of C.P.C. seeking to have O.P.No. 506 of 2012 pending before the Family Court, Pathanamthitta transferred to the Family Court, Thiruvananthapuram.
2. Suffice to say that allegations and counter allegations are in plenty between the parties. The story between them is not a happy one to narrate nor is it necessary for the purpose of the present petition to do so. Each would accuse the other for the present state of affairs.
3. In the petition, the petitioner points out that she is at present working at Thiruvananthapuram and she finds it extremely difficult to come over to Thiruvalla to attend the routine postings of the case and she also apprehends danger to her life. She points out that the respondent is a taxi driver by profession and he has considerable influence in that locality and she may not be able to give proper evidence under such circumstances.
4. She claims to be working as a housemaid at Thiruvananthapuram and she says that with a meagre salary, she may not be able to manage to come over to Thiruvalla and therefore the case may be transferred to Thiruvananthapuram.
5. The petition is very strongly opposed by the respondent who points out that the story is not as revealed by the petitioner but it is something else. The respondent says that he is apprehensive of going to Thiruvananthapuram for fear of being attacked by persons close to the petitioner. He therefore prays that the matter may continue at Thiruvalla. He also points out that evidence had in fact commenced in Family Court, Thiruvalla and transferring the case at this point of time may cause considerable inconvenience.
6. After having heard the learned counsel on both sides for a considerable length of time and also after having given bestowed attention to the records before this Court, since both parties are unable to go to the station where they are now stationed for fear of attack, it is felt that matter may be transferred to neutral place so that they can go safely and give evidence as the case may be.
7. Considering the allegations and counter allegations and also the nature of threat that each one alleged against other, it is felt that the Family Court, Kollam is the proper court for the parties to agitate their respective claims.
8. This Court is not forgetting the fact that both the petitions have been filed by the petitioner herself in the Family Court, Thiruvalla. But considering the subsequent developments and also the story put forward by both sides, it is felt that continuance of the matter at Thiruvalla may not be justifiable and transfer to Thiruvananthapuram may not be desirable.
9. In the result, this petition is allowed and O.P.No.
506 of 2012 pending before the Family Court, Pathanamthitta at Thiruvalla shall stand transferred to the Family Court, Kollam.
Parties shall appear before the Family Court, Kollam on 17.12.2014. Pleadings are complete. Accordingly, the Family Court, Kollam is directed to take steps to dispose of the matter as early as possible, at any rate, by the end of January, 2015.
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P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge