This is a petition filed under Section 24 of the Code of Civil Procedure seeking to have O.P.No.1550/2014 pending before the Family Court, Ernakulam transferred to Family Court, Kozhikode. 2. Suffice to say that, the marital relationship between the petitioner and the respondent ran into rough weather and that gave rise to several litigations. The petitioner has instituted M.C.No.216/2014 before the Family Court, Kozhikode for maintenance. She has also filed O.P.No.756/2014 for return of gold ornaments before the same court. According to the petitioner, as a retaliatory measure, the respondent instituted O.P.No.1550/2014 for restitution of conjugal rights before the Family Court, Ernakulam.
3. The petitioner points out that she finds it extremely difficult to attend the posting of the case at Ernakulam and also that she has nobody to accompany her to Ernakulam. Further, T.P.(C) No.524/2014 2 she pointed out that since common issue arises for consideration in all the matters, it is only proper and just that all the matters are heard and decided by the same court.
4. Even though notice was served on the respondent, there is no appearance on his behalf.
5. In the light of the facts stated in the petition and also in the light of the fact that two matters are already pending before the Family Court, Kozhikode, it is felt that it is only just and proper that O.P.No.1550/2014 is transferred to the Family Court, Kozhikode.
In the result, this petition is allowed and O.P.No.1550/2014 pending before the Family Court, Ernakulam shall stand transferred to Family Court, Kozhikode.
Sd/-
P.BHAVADASAN JUDGE smp