Vineetha P.V vs Ayyappadas

The petitioner in this transfer petition is the wife and the respondent in O.P.(HMA) No.1039 of 2019 pending before the Family Court, Irinjalakkuda. The petitioner seeks for an order directing transfer of O.P.(HMA) No.1039 of 2019 from Family Court, Irinjalakkuda to Family Court, Ernakulam. The contention of the petitioner is that she is living in Aluva, which is within the jurisdiction of Family Court, Ernakulam.

I heard the learned counsel appearing for the petitioner. The respondent in spite of being served did not file any counter opposing this petition.

It is submitted that O.P.(HMA) No.1039 of 2019 was filed by the husband, who is the respondent herein, for restitution of conjugal rights. It is further submitted that the petitioner had already filed M.C.No.282/2020 before the Family Court, Ernakulam seeking maintenance for herself and children, which is pending before the Family Court, Ernakulam. According to the petitioner, she is not in a position to travel such a long distance especially when there is no one to accompany her and when she has to take care of her children.

After hearing the learned counsel appearing for the petitioner, I am satisfied that this is a fit case in which request made by the petitioner for transfer is just and reasonable and she is entitled to get an order of transfer as sought for.

In the result, this transfer petition (Civil) is allowed. O.P. (HMA) No.1039 of 2019 pending on the files of the Family Court, Irinjalakuda will stand withdrawn and transferred to the Family Court, Ernakulam. The Family Court, Irinjalakuda is hereby directed to forward all records immediately to the Family Court, Ernakulam and on receipt of the same, the Family Court, Ernakulam shall fix an early date for appearance of parties and issue notice.