GAYATHRI V. Vs. CHANDRAKANTH

JUDGEMENT

(1.) This Transfer petition is filed under Section 24 of the Code of Civil Procedure seeking to transfer O.P. (HMA)No.55/2020 from the Family Court, Mavelikara, to the Family Court, Alappuzha.

(2.) The case of the petitioner, in brief, is that, she is the estranged wife of the respondent. The respondent has filed O.P.(HMA)No.55/2020, seeking a decree of divorce to dissolve his marriage with the petitioner. The petitioner is a permanent resident of Alappuzha. She is finding it difficult to contest the proceedings before the Family Court, Mavelikkara. The petitioner is a student, aged only 20 years. She is presently residing with her parents who are old and infirm. There is no person to chaperon her from Alappuzha to Mavelikkara. Hence the proceedings may be transfered.

(3.) The respondent has filed a detailed counter affidavit, inter alia, contenting that he and his brother are working in Dubai. Since, the respondent is employed abroad, he has executed a Power of Attorney in favour of his father, who recently suffered a massive cardiac arrest and had to undergo angioplasty. Therefore, transferring the case from Family Court, Mavelikkara to Family Court, Alappuzha would put the power of attorney holder of the respondent in severe difficulty and hardship. Hence, the transfer petition may be dismissed.