REETHA ALIAS VEENA Vs. MATHEW ALIAS SHAJI

JUDGEMENT

(1.) This petition is filed by the wife seeking transfer of O.P (Divorce). No. 673 of 2010 from Family Court, Kottayam, at Ettumanoor to Family Court, Ernakulam. That is a petition filed by the respondent for dissolution of marriage. Petitioner states that she is a resident of Muttom, in Cherthala Taluk, Alappuzha District. She has to travel long distance. She is dependant on her aged parents. She has also a minor child to look after.

(2.) Petition is opposed by the respondent. It is stated that there is no valid ground to transfer the case to Ernakulam and that if petitioner's residence is at Muttom, she should have asked for transfer to Family Court, Alappuzha. Learned Counsel on both sides argued in favour and against the transfer.

(3.) It is not disputed that petitioner is now staying at Muttom, in Alappuzha District and the request for transfer of the case is to Ernakulam and not to Alappuzha. Regarding that, her explanation is that her sister is staying at Palarivattom, Ernakulam (though not pleaded in the petition) and hence it is convenient for her to go to Family Court, Ernakulam. Since her parents are aged they are not able to accompany her to Family Court at Ettumanoor or at Alappuzha.