Smitha R. vs Bijukumar S.

A. Muhamed Mustaque, J.—This is a petition for transfer filed u/s 24 of the Code of Civil Procedure, 1908 seeking transfer of O.P. No. 1090/2013 filed by the respondent for divorce, before the Family Court, Pathanamthitta to the Family Court, Kottarakkara.

Heard the learned counsel for the petitioner. Though notice was served on the respondent, none appears for him.

The petitioner is the wife and respondent is her husband. They married on 11/02/2010 at Sub Registry Office, Enathu. The learned counsel for the petitioner submits that the petitioner had filed an application for maintenance as M.C. No. 76/2012 before the Family Court, Kottarakkara. She also filed O.P. No. 699/2013 before the Family Court, Kottarakkara for return of gold ornaments and money belonging to her, stated to be held by the respondent. It is further submitted by the learned counsel for the petitioner that respondent also filed O.P.(G.W).No. 623/2012 before the Family Court, Kottarakkara seeking custody of the child.

Learned counsel for the petitioner submits that the petitioner is now residing at Kottarakkara with her parents; the respondent is residing at Pathanamthitta and; in the wedlock, a three years'' child is born to them. The petitioner finds inconvenience to attend the case viz. O.P. No. 1090/2013 filed by the respondent at Family Court, Pathanamthitta due to distance as well as on account of the need to take care of the small child. Further that, all the three cases mentioned above are pending before the Family Court, Kottarakkara.

I am satisfied that the petitioner has made out a case for transfer, especially, when three cases are pending before Family Court, Kottarakkara, including the one filed by the respondent. It would be only proper and convenient for all the parties to agitate the dispute before the same forum. Taking into account convenience of all the parties and, the petitioner being a lady, who has a small child of 3 years old to take care, it is a fit case for transfer. This Court finds that O.P. No. 1090/2013 is liable to be transferred from Family Court, Pathanamthitta to Family Court, Kottarakkara. Therefore, O.P. No. 1090/2013 pending before Family Court, Pathanamthitta is hereby withdrawn and transferred to Family Court, Kottarakkara. The original petition is allowed.