Rosmi Thomas vs Jinu Joseph

R. Narayana Pisharadi, J

This is an application for transferring the case O.P No.875/2020 from the Family Court, Ettumanoor to the Family Court, Alappuzha.

2. The first petitioner is the wife of the respondent and the second petitioner is their child. The first petitioner has instituted M.C.No.26/2019 in the

Family Court, Alappuzha for granting an order of maintenance. She has also filed O.P.No.262/2019 in the Family Court, Alappuzha for recovering of

money and gold ornaments from the respondent. It is stated that the respondent has appeared in both the above cases and filed counter statement in

those cases.

3. The case O.P.No.875/2020 is one instituted by the respondent against the first petitioner for restitution of conjugal rights.

4. It is stated in the petition that the petitioner is now residing in her house with her parents at Alappuzha and it would be difficult for her to travel

from Alappuzha to Ettumanoor to attend the proceedings in O.P.No.875/2020 on all posting dates. Therefore, it is prayed that the case

O.P.No.875/2020 may be transferred to the Family Court, Alappuzha.

5. Notice has been served on the respondent but he has not entered appearance. Heard the learned counsel for the petitioners.

6. It is a settled principle that, in matrimonial cases, the convenience of the wife has to be given preference in deciding the transfer of a case.

Moreover, the respondent has not chosen to appear and raise any objection to the application for transfer. In these circumstances, I am inclined to

allow the prayer made in this application for transfer.

7. Consequently, the petition is allowed. The case O.P.No.875/2020 pending in the Family Court, Ettumanoor is transferred to the Family Court,

Alappuzha. The Judge, Family Court, Ettumanoor shall forward the records of the case in O.P.No.875/2020 to the Family Court, Alappuzha, after

giving notice to the parties with regard to their appearance in the Family Court, Alappuzha.