Rehna And Ors vs Ansar Mon

Petitioners in this transfer petition are the wife and her mother. They seek transfer of O.P.No.385/2020 on the file of Family Court, Kottarakara to Family Court, Nedumangad.

The respondent/husband filed the above original petition for monetary reliefs against the petitioners herein. According to the petitioners, the 1st petitioner is a permanent resident of Nedumangad, which is situated about 100 kms away from Family Court, Kottarakara. According to her, she is not in a position to travel such a long distance and unless the proceedings are transferred to a court of her convenience, she may not be able to effectively contest the proceedings. She submits that she had already filed M.C.No.347/2020 claiming maintenance for herself and minor child, which is already pending before the Family Court, Nedumangad.

The respondent appeared and submits through his counsel that he is defended in the proceeding by his mother, who is an ailing person. It was submitted that taking into account the ailing condition of the power of attorney holder, the request for transfer made by the petitioner may not considered at all.

I find my way difficult to accept the submission made by the learned counsel appearing for the respondent. Considering all matters on record, I am satisfied that the claim for transfer made by the petitioners is lawful and reasonable.

In the result, the transfer petition is allowed withdrawing O.P.No.385/2020 from the files of Family Court, Kottarakara and transferring it to Family Court, Nedumangad. It is directed that the transferee court on receipt of the records shall fix up an early date for appearance of the parties before that court and issue notice to them. It is, however, made clear that in the event the respondent's power of attorney holder applies for exemption from personal appearance before the transferee Family Court, the same shall be favourably considered by that court in accordance wit law.

All pending interlocutory applications will stand closed.