This is a petition filed under Section 24 of C.P.C. seeking transfer of O.P.No.1809 of 2013 pending before the Family Court, Thrissur to Family Court, Thalassery.
2. Suffice to say that the marital relationship between the first petitioner and the second respondent became strained and that gave rise to the litigations. M.C. proceedings were initiated for maintenance and the respondent retaliated with G.O.P.No. 724 of 2013 for appointing him as guardian of the minor child. There was an earlier transfer petition which was pending consideration before this Court. The respondent again filed another O.P.No. 1809 of 2013 before the Family Court, Thrissur for the very same relief for which he earlier filed a petition and in respect of which, transfer petition was pending. The first petitioner points out that she is residing at Thalassery and she finds it extremely difficult to attend the case at Thrissur.
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She also points out that she has financial difficulties and there is nobody to accompany her.
3. Initially, the parties want to go for a mediation and the matter was posted to the Mediation Centre. A settlement was arrived at between the parties and a mediation settlement was forwarded to this Court. Unfortunately, the respondent has filed a petition before this Court that he is withdrawing the compromise settlement and he is not willing to abide by the terms of the agreement entered into between the parties regarding the compromise.
4. Considering the totality of the circumstances, it is only proper that the relief be granted to the petitioners.
Hence, this petition is allowed and O.P.No.1809 of 2013 pending before the Family Court, Thrissur shall stand transferred to Family Court, Thalassery.
Sd/- P.BHAVADASAN JUDGE ds