These three petitions have been filed under Section 24 of the Code of Civil Procedure seeking transfer of three petitions pending before the Family Court, Alappuzha to Family Court, Palakkad.
2. Suffice to say that the marital relationship between the petitioner and the respondent ran into rough weather and litigations began. The couple have a child aged 6 years. The petitioner herein had instituted O.P. 38 of 2014 before the Family Court, Alappuzha for return of gold ornaments. In retaliation, the respondent herein instituted two petitions, O.P. 1193 of 2014 before the Family Court, Alappuzha for divorce and also O.P. 1194 of 2013 before the same court for custody of the minor child.
Tr.P.(C).430.2014 & con.cases.
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3. The petitioner obtained employment and is posted as teacher in one of the Government Schools at Palakkad which is evident from Annexure 3 produced in Tr.P.
(C). 431 of 2014. It is pointed out by the petitioner herein that it is extremely difficult for her to come and attend the cases on all posting dates before the Family Court, Alappuzha along with her minor child and it may not be possible for her to contest the cases properly and it will put her interests into jeopardy. Therefore, she prayed for a transfer of the three cases mentioned above to Family Court, Palakkad.
4. In Tr.P.(C) Nos. 430 and 431 of 2014 the respondent has been served with notice and no objection is seen filed. Since notice was served on the respondent in those petitions, notice was not taken in Tr.P.(C) 432 of 2014.
5. It is found that the petitioner is employed in Palakkad as evident from Annexure A3 in Tr.P.(C) 431 of 2014 and in the light of the fact that she has to travel a long Tr.P.(C).430.2014 & con.cases.
3 distance to attend the cases, it is felt that it is only just and proper that the cases be transferred to Family Court, Palakkad.
In the result, these petitions are allowed and O.P. 38 of 2014, O.P.1193 of 2013 and O.P. 1194 of 2013 pending before the Family Court, Alappuzha shall stand transferred to Family Court, Palakkad.
P. BHAVADASAN, JUDGE sb.