RAKHIMOL RAMACHANDRAN Vs. SARATH R.

JUDGEMENT

(1.) The transfer petition is filed under Sec. 24 of the Code of Civil Procedure,1908(in short, 'C.P.C.'), seeking to transfer O.P.(HMA)No.811/2021 (Annexure-A), from the Family Court, Alappuzha, to the Family Court, Kattappana.

(2.) The petitioner's case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have a son born in the wedlock. Due to the matrimonial cruelty that was meted out on her by the respondent, she was constrained to leave the matrimonial home and seek shelter in her parental home at Nedumkandam. She has filed M.C.No.109/2021 before the Family Court, Kattappana, against the respondent, for an order of maintenance. The respondent is contesting theproceeding there. The respondent has filed Annexure-A against the petitioner, seeking a decree for restitution of conjugal rights. The petitioner's parents are old and infirm. There is no person to chaperone the petitioner from Nedumkandam to Alappuzha, to contest Annexure-A. Hence, the transfer petition.

(3.) The respondent has filed a counter affidavit, denying the allegations in the transfer petition. He has contended that he has filed Annexure-A, seeking a decree for restitution of conjugal rights. On an occasion, when he went to the Child Welfare Committee, Idukki, to get the custody of the child, certain persons attempted to assault him. He had lodged a complaint before the Nedumkandam Police against the petitioner's family. Therefore, he has immense fear that threat may be repeated. But, he has conceded that the petitioner has thereafter filed O.P.Nos.758/2021 and 3702022 against him before the Family Court, Kattappana. He prays that thetransfer petition may be dismissed.