Riya vs Manu And Ors

Petitioner in this transfer petition is the wife, who is the respondent in O.P.No.738/2020 on the file of Family Court, Pathanamthitta. She requests that the proceedings may be ordered to be transferred to Family Court, Ernakulam within whose jurisdiction she is living.

The contention of the petitioner is that she is residing 125 kms. away from Family Court, Pathanamthitta and she cannot travel such a long distance, especially when she has to take care of her child and nobody to accompany her.

I heard the learned counsel for the petitioner as well as the respondent.

The learned counsel for the respondent submitted that the plea for transfer made is to harass the respondent/husband.

Having considered the submissions made on behalf of the parties, I am of the opinion that inconvenience expressed by the petitioner/wife shall be taken care of and cannot be ignored. Considering the long distance between her place of residence and the situation of Family Court, Pathanamthitta, I am of the opinion that her request for transfer ought to be accepted.

In the result, transfer petition is allowed and O.P.No.738/2020 is withdrawn from the file of Family Court, Pathanamthitta and made over to Family Court, Ernakulam. It is directed that the transferee Family Court shall on receipt of the records fix an early date for appearance of parties and issue notice to them.

All pending interlocutory applications will stand closed.