This is a petition filed under Section 24 of the Code of Civil Procedure to have O.P. (Guardian) No. 738 of 2013 pending before the Family Court, Pala transferred to Family Court, Kottayam at Ettumanoor.
2. The petitioner was married to K.P.Sreekumar and she had a baby girl in that wedlock who is aged 8 years as on date. While her husband K.P. Sreekumar was was abroad, she developed intimacy with the respondent in this petition and they entered into an agreement and started living together. In that relationship she has a child. Later when K.P.Sreekumar, the former husband of the petitioner returned to his native place, he instituted three proceedings namely O.P.(H.M.A.). 1198 of 2013 for divorce, O.P. (HMA) 1199 of 2013 for custody of the girl child and O.P.(HMA) 1200 of 2013 Tr.P.(C)11/2014.
2 seeking return of money before the Family Court, Kottayam at Ettumanoor. With the return of K.P.Sreekumar the relationship between the petitioner and the respondent got strained and the respondent instituted O.P. 738 of 2013 for getting custody of the child born to the petitioner and the respondent in their marital relationship before the Family Court, Pala.
3. The petitioner points out that she is currently employed at Kollam and she finds it extremely difficult to appear before the courts at Ettumanoor and Pala to attend the various cases before those courts. As three petitions that are pending before the Family Court, Ettumanoor, it will be only appropriate that the O.P. filed by the respondent in this proceeding be transferred to Family Court, Ettumanoor so that she will have to attend only one of the courts to defend all the four cases.
4. Notice was served on respondent, but no objection is seen filed by him.
Tr.P.(C)11/2014.
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5. Considering the fact that all the three petitions relating to the marital relationship between the petitioner and K.P.Sreekumar are pending before the Family Court, Ettumanoor, there is no reason as to why O.P.738 of 2013 arising out of the marital relationship between the petitioner and the respondent pending before the Family Court, Pala should not be transferred to Family Court, Ettumanoor so as to enable the petitioner to attend a single court to defend all the cases.
For the above reasons, this petition is allowed and O.P. 738 of 2013 pending before the Family Court, Pala shall stand transferred to Family Court, Kottayam at Ettumanoor.
P. BHAVADASAN, JUDGE sb.