MADHU Vs. ASHA K.

JUDGEMENT

(1.) These transfer petitions are closely interlinked and they are therefore disposed of by this common order. The parties are referred to in this order as they appear in Transfer Petition (Crl.)No.109 of 2019.

(2.) The petitioner is the respondent in two proceedings namely M.C No.37 of 2019 and O.P. (Recovery) No.144 of 2019 pending before the Family Court, Palakkad. Both the proceedings are instituted by the respondent, the wife of the petitioner. Among the proceedings, M.C No.37 of 2019 is a proceedings instituted under Section 125 of the Code of Criminal Procedure and O.P. (Recovery) No.144 of 2019 is a proceedings for realization of money. The petitioner has preferred a proceedings against the respondent as O.P.(Divorce) No.689 of 2019 before the Family Court, Irinjalakkuda. The case set out by the petitioner in the transfer petition is that the petitioner is working in Merchant Navy; that there is nobody to look after his affairs at home except his mother; that his mother who is presently aged 64 years is now conducting the cases on his behalf as his power of attorney holder; that it is tiresome for the mother of the petitioner who is presently residing in Thrissur District to conduct the cases pending before the Family Court, Palakkad and therefore, the cases pending before the Family Court, Palakkad may be transferred to the files of the Family Court, Irinjalakuda.

(3.) Transfer Petition (Civil) No.624 of 2019 is a proceedings instituted by the respondent seeking orders transferring O.P. (Divorce) No.689 of 2019 instituted by the petitioner before the Family Court, Irinjalakkuda to the files of the Family Court, Palakkad to be tried along with M.C. No.37 of 2019 and O.P. (Recovery) No.144 of 2019. The ground raised in Transfer Petition (Civil) No.624 of 2019 is that the respondent is presently residing in Palakkad District and that since she has a child to be taken care of, it is only appropriate that she may be permitted to pursue the matters before the Family Court, Palakkad.