DINU E.G. Vs. V.R.SETHU LAKSHMI

JUDGEMENT

(1.) This transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P No.3061/2019 (Annexure-A1) from the Family Court, Ernakulam to the Family Court, Kozhikode.

(2.) The case of the petitioner, in brief, is that, he is the estranged husband of the respondent. The respondent has filed Annexure -A1 before the Family Court, Ernakulam, seeking a decree of divorce to dissolve her marriage with the petitioner, on the ground of cruelty. The petitioner met with a road accident on 12.5.2019 and has sustained serious injuries including multiple fractures on both his legs. The petitioner was admitted to the Malabar Medical College Hospital and Research Centre, Kozhikode where he was treated as inpatient from 5.8.2019 to 19.8.2019. On further medical examination, it was found that the petitioner is suffering from Hyperdense blood density and other medical complications, as discernible from Annexures-A3 to A10. At present, the petitioner is unable to move on his own. In the above circumstances, it will be extremely difficult for the petitioner to travel from Kozhikode to Ernakulam, to defend Annexure-A1 proceeding. Hence, Annexure-A1 may be transferred from Ernakulam to Kozhikode, so that the petitioner could defend the proceeding before the Family Court, Kozhikode.

(3.) The transfer petition is vehementally opposed by the respondent, who has filed a detailed counter affidavit. It is the case of the respondent in the counter affidavit that, she is working as a Store Keeper in the Naval Base, Kochi. Being a woman, it is extremely difficult for her to travel from Ernakulam to Kozhikode, to contest Annexure-A1, if it is transferred to the Family Court, Kozhikode. It would take nearly six hours for the petitioner to travel from Ernakulam to Kozhikode on one side. There is no person to chaperone her from Ernakulam to Kozhikode and back. The respondent's parents are old and infirm and are suffering from various ailments. The respondent has placed reliance on the decisions of the Hon'ble Supreme Court, wherein, it is laid down that the convenience of the woman has to be given preference, while ordering transfer of a case from one court to another. Therefore, she has prayed that the transfer petition may be dismissed.