LALITHA Vs. AMBILY R.B.

JUDGEMENT

(1.) This appeal is filed against the order dated 06.03.2020 in Tr.P.(c) No.854/2019. The appellants are the 2 nd and 3rd respondents in O.P. No.1217/2019 on the file of the Family Court, Pathanamthitta. The first appellant is the mother of the 2 nd appellant and the 2nd respondent herein. The 1st respondent is the wife of the 2nd respondent. The 1st respondent filed O.P. No.1217/2019 before the Family Court, Pathanamthitta for recovery of the value of her gold and share of properties, which was allegedly misappropriated by the appellants and the 2 nd respondent. The 1st respondent is employed as a court staff at Adoor in the territorial jurisdiction of Pathanamthitta Family Court. The 2nd respondent married the 1st respondent on 12.1.2012. A girl child was born in the of wedlock and s he is now in the custody of the 1st respondent. According to the appellants, the 1st respondent deserted her husband and left her matrimonial home on 15.11.2018. The 2nd respondent then filed OP(HMA) No.543/2019 on 04.07.2019 before the Family Court, Chavara seeking divorce.

(2.) On receiving notice in the above divorce proceedings, it is alleged that the 1st respondent with the aid of her brother working in the Police Department foisted a case against the husband alleging dowry harassment. When there was a threat on 26.8.2019 that the 1st respondent would forcefully trespass into the residential house of the 1 st appellant, the 1st appellant filed O.P. No. 727/2019 on 31.08.2019 before the Family Court, Chavara. The 1st respondent also filed M.C.No. 23/2019 before the Judicial First Class Magistrate Court, Sasthamcotta seeking a residence order, but the learned Magistrate refused to grant the residence order. Thereafter on 15.11.2019, the 1 st respondent filed O.P. No.1217/2019 seeking recovery of money to the tune of Rs.31,89,000/- on the ground that the same was the value of gold and her share alleged to be misappropriated by the appellants and the 2nd respondent.

(3.) It is submitted by the appellants that the 1 st appellant is aged 62 and is suffering from serious old age ailments and hence, she is not able to travel to Pathanamthitta. It is also submitted that the 2nd appellant has got small kids and she is also not in a position to travel up to Pathanamthitta. The husband of the 2nd appellant is out of station in connection with his job. Moreover, it is also submitted by the appellants that they are not having the financial capacity to conduct the case by travelling a distance of about 30 km to Pathanamthitta. There is no direct bus service to Pathanamthitta from the residence of the appellants. Hence, the appellants filed a transfer petition before this Court to transfer O.P.No.1217/2019 pending before the Family Court, Pathanamthitta to the Family Court, Chavara.