C CHINNAMMA Vs. P M SAMUAL

JUDGEMENT

(1.) THIS petition is filed for transfer of O.P. No.870 of 2009 from Family Court, Kozhikode to Family Court, Thiruvalla. Parties are aged about 65 or above and are fighting. Respondent filed O.P. No.870 of 2009 in Family Court, Kozhikode seeking restitution of conjugal rights. Petitioner has her own reasons to keep away from company of respondent. It is stated that she is now staying at Adoor, aged about 65 years and suffering from old age illness including rheumatism. On account of her inability to attend Family Court, Kozhikode case was once decided ex parte and later set aside on the application of petitioner.

(2.) PETITION is opposed by counsel for respondent. It is stated that whatever grounds stated by petitioner as to old age and illness are applicable to respondent also who is still older than petitioner. It is stated that petitioner had appeared in Family Court, Kozhikode and hence there will be no difficulty for her to contest the case in that Court.