Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE12H DAY OF FEBRUARY201423RD MAGHA, 1935 Tr.P(C).No. 606 of 2013 --------------------------------- O.P(DIV) NO.1223/2013 OF FAMILY COURT, PATHANAMTHITTA. ----------- PETITIONER: ------------------- FEMY FRANCIS, DAUGHTER OF SRI.V.L.FRANCIS, RESIDING AT VADAKKAN HOUSE, THOTTIPPAL P.O., THRISSUR, KERALA, PIN-680 310. BY ADVS.SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN RESPONDENT: ---------------------------- JULIAN TOM THOMAS, AGED28YEARS, SON OF ADV.THOMAS MATHEW, RESIDING AT THANNIMOOTTIL HOUSE, PAZHAVANGADI P.O., PAZHAVANGADI VILLAGE, RANNY TALUK, KERALA-689 673. BY ADVS. SRI.V.SETHUNATH SRI.S.JUSTUS THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1202-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. Tr.P(C).No. 606 of 2013 --------------------------------- APPENDIX --------------- PETITIONER(S)' ANNEXURES: ------------------------------------------- ANNEXURE A1: TRUE COPY OF O.P.(DIV) NO.1223 OF2013FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, PATHANAMTHITTA RESPONDENT(S)' ANNEXURES: ---------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE. Msd. A.MUHAMED MUSTAQUE, JJ.
--------------------------------------------------- Tr.P.C.No.606 of 2013 ------------------------------------------ Dated this the 12th day of February, 2014 ORDER
This petition is filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P.(Div.)No.1223 of 2013 on the file of the Family Court, Pathanamthitta to the Family Court, Irinjalakuda.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.
3. The learned counsel for the respondent opposed the prayer for transfer on the ground that the respondent fears manhandling by the petitioner and her family members.
4. O.P.(Div.)No.1223 of 2013 filed by the respondent for divorce before the Family Court, Pathanamthitta is sought to be transferred to the Family Court at Irinjalakuda. The learned counsel for the petitioner states that her father and brother are employed in Dubai and she resides with her mother at Irinjalakuda. She affirms that it is difficult for her to travel from Irinjalakuda to Pathanamthitta to attend the case at Family Tr.P.C.No.606 of 2013 2 Court, Pathanamthitta, which is 300 Kms away on its each posting. She also finds it difficult to attend the court at Pathanamthitta as none to accompany her to attend the case at Pathanamthitta. The petitioner also states that she has filed M.C.No.34 of 2014 before the Judicial First Class Magistrate Court, Irinjalakuda under Protection of Women From Domestic Violence Act, 2005 and it is posted to 22.02.2014 for the appearance of the respondent.
4. The inconvenience of the parties to appear before the court is one of the ground on which a petition for transfer can be entertained under Section 24 of the Code of Civil Procedure. There is nothing on record to disbelieve the affirmation made by the petitioner as to the inconvenience. Fear expressed by the respondent that he will be manhandled at Irinjalakuda has no basis, such apprehension cannot be a ground to deny the relief to the petitioner if otherwise she is entitled. Taking note of the fact that the petitioner has also filed a case before the Judicial First Class Magistrate Court, Tr.P.C.No.606 of 2013 3 Irinjalakuda under the Protection of Women From Domestic Violence Act, 2005, this Court finds that it is appropriate to order transfer of O.P.(Div.)No.1223 of 2013 on the file of the Family Court, Pathanamthitta to the Family Court, Irinjalakuda. In the result, this transfer petition is allowed. O.P.(Div.) No.1223 of 2013 on the file of the Family Court, Pathanamthitta is withdrawn from the said court and transferred to the Family Court, Irinjalakuda. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln