This is a petition filed under Section 24 of the Code of Civil Procedure to have the O.P. 706 of 2014 pending before the Family Court, Kottayam at Ettumanoor transferred to Family Court, Palakkad.
2. The marital relationship between the petitioner and the respondent became bitter and the respondent is said to have filed O.P. 706 of 2014 before the Family Court, Kottayam at Ettumanoor for restitution of conjugal rights. The couple have two children in the wedlock. The respondent has retired from service. The petitioner left the company of the respondent unable to bear his pranks any more and started residence at Palakkad. Thereafter she filed M.C. 38 of 2013 before the Judicial First Class Magistrate Court No.III, Palakad for necessary reliefs.
3. It is claimed by the petitioner that as a retaliatory measure the above petition was filed by the respondent before the Family Court, Kottayam at Ettumanoor. According to the petitioner, she finds it difficult to go to Ettumanoor to attend the court on all posting dates. According to the petitioner, there is nobody to accompany her and she submits that she finds it difficult to meet the expenses and travel to Kottayam to attend the court.
4. Learned counsel for the respondent submits that the respondent is advanced in age and is suffering from several ailments, so he may not be able to attend Family Court, Palakkad on all posting dates.
5. In the light of the fact that there is a proceedings pending before the JFCM Court, Palakkad, it is only proper that the O.P. pending before the Family Court at Ettumanoor be transferred to Family Court, Palakkad.
6. Considering the various reasons pointed out by the petitioner, if the respondent finds it difficult to attend the court at Palakkad, it will be open to him to seek exemption from personal appearance in court.
In the result, this petition is allowed and the O.P. 706 of 2014 pending before the Family Court, Kottayam at Ettumanoor shall stand transferred to Family Court, Palakkad. Parties shall appear before the Family Court, Palakkad on 19.11.2014.
P. BHAVADASAN, JUDGE sb.