This is a petition filed under Section 24 of the Code of Civil Procedure to have O.P.2507 of 2011 pending before the Family Court, Ernakulam transferred to Family Court, Thiruvananthapuram.
2. When the relationship between the petitioner and the respondent became very unpleasant and bitter, the respondent instituted O.P. 2507 of 2011 seeking dissolution of marriage.
3. The petitioner points out that she is currently staying at Tirunelveli and she finds it difficult to go over to Family Court, Ernakulam to attend the case on all posting dates. She further says that she hails from a financially poor family and she has nobody to accompany her and on one occasion she could not attend the court at Ernakulam resulting Tr.P.(C) 266/2014.
2 in an ex parte decree being passed against her. Then the petitioner approached this Court to set aside the ex parte order and that appeal was allowed. According to the petitioner, considering the inconveniences, difficulties and problems faced by her in attending the court at Ernakulam, she prays for transfer of the case to Family Court, Thiruvananthapuram.
4. The only objection of the respondent is that he is residing at Tripunithura and he had to travel a long way to reach Thiruvananthapuram to attend the case.
5. The principle for transfer are well settled by a series of decisions of the Apex Court. It is the inconvenience of the wife that normally taken note of unless there are compelling circumstances to decline the prayer as sought for by her. In the case on hand, it is not disputed that the wife is residing at Thirunelveli and she has to travel to Ernakulam to attend the court on all posting dates. She has specifically Tr.P.(C) 266/2014.
3 stated that she is financially poor and there is nobody to accompany her.
6. It is true that the respondent is hailing from Tripunithura. But he is not so handicapped as the petitioner and it may be possible for him to seek exemption from personal appearance atleast on certain occasions. Considering the facts and circumstances of the case, it is felt that the prayer can be granted.
In the result, this petition is allowed and O.P. 2507 of 2011 pending before the Family Court, Ernakulam shall stand transferred to Family Court, Thiruvananthapuram.
P. BHAVADASAN, JUDGE sb.