This is a petition filed under Section 24 of C.P.C. seeking transfer of O.P.No. 2008 of 2012 pending before the Family Court, Thiruvananthapuram to the Family Court, Kozhikode.
2. Shorn off unnecessary details, the marital relationship between the petitioner and the respondent ran into rough weather and that gave rise to the institution of proceedings by the respondent against the petitioner.
3. The petitioner says that she has instituted M.C.No.
123 of 2013 before the Judicial First Class Magistrate Court- IV, Kozhikode under the Domestic Violence Act. The respondent is alleged to have filed three petitions before the Family Court, Thiruvananthapuram for restitution of conjugal rights, divorce and return of money and gold from his wife. The petition for restitution of conjugal right was dismissed O.P.(C) No. 1947 of 2014 -2-
for default. The respondent instituted two O.P.s as O.P.No. 2008/2012 and O.P.No. 592/2013 before the Family Court, Thiruvananthapuram.
4. The petitioner says that she permanently resides at Kozhikode and she finds it difficult to come over to Thiruvananthapuram to attend the routine postings of the case. She complaints about the financial difficulties and she also points out that she has nobody to accompany her. Under these circumstances, she prays for a transfer of the case to the Family Court, Kozhikode.
5. The petition is strongly opposed by the respondent by pointing out that the case is at the evidence stage and it is only to protract the case, these petitions have been filed.
6. After having heard the counsel on both sides and after having considered the rival contentions, it is felt that it is only proper that the petition be transferred to the Family Court, Kozhikode in the light of the statement given by the petitioner and regarding the difficulties faced by the O.P.(C) No. 1947 of 2014 -3-
petitioner.
Therefore this petition is allowed and O.P.No. 2008 of 2012 pending before the Family Court, Thiruvananthapuram shall stand transferred to the Family Court, Kozhikode.
ds //True Copy// P.A. To Judge Sd/-
P.BHAVADASAN JUDGE