RAJI MANI Vs. SHAJU LONAPPAN

JUDGEMENT

(1.) This transfer petition was filed by the petitioner- wife who is the respondent in O.P.No.90/2019 on the file of Family Court, Thrissur. The original petition was filed by husband/respondent for dissolution of marriage. The petitioner's request in this petition is for transfer of proceedings from Family Court, Thrissur to Family Court, Thiruvananthapuram.

(2.) I heard the learned counsel for the petitioner as well as the respondent.

(3.) Petitioner's case is that she is residing within the jurisdictional limits of Family Court, Thiruvananthapuram along with her parents and minor child and she is not in a position to undertake journey for long distance of 300 kms from her residence to Family Court, Thrissur. Until she shifted to Thiruvananthapuram, she Tr.P(C).No.93 OF 2021 was residing in Thrissur. She proceeds to state that when she had to face acts of domestic violence from respondent, she was forced to file criminal complaint against him before police for offence under Section 498A and instituted proceedings before the Judicial First Class Magistrate Court-III, Thrissur under Section 23(2) of Protection of Women from Domestic Violence Act. Under the said circumstances, according to her, she was forced to move out from her matrimonial home along with her child to her parental home at Thiruvananthapuram. While living with her parents, she happened to file Annexure-A2 petition i.e., Tr.P.(C) No.14/2020, for transfer of the instant original petition, which was later withdrawn with liberty to file appropriate application afresh in the due course of time.