LIYA SARAH GEORGE Vs. MANU POIKAYIL ALEXANDER

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.(Guardian)No.406/2022(Ext P4), from the Family Court, Pathanamthitta, to the Family Court, Thrissur.

(2.) The petitioners' case, in brief, in the memorandum of transfer petition is that, the first petitioner is the wife of the respondent. The petitioners 2 and 3 are the parents of the first petitioner. The first petitioner and the respondent have a son born in the wedlock. The marital relationship is strained. The first petitioner has already filed O.P.(Divorce) No.2632/2021 (Ext P1) and O.P.(Guardian) No.2613/2021 (Ext P2) before the Family Court, Thrissur, against the respondent. She has also filed M.C.No.32/2021(Ext P3) before the Judicial First Class Magistrate Court-I, Thrissur, against the respondent, invoking the provisions of the Protection of Women from Domestic Violence Act, 2005. The respondent is contesting Exts P1 and P2 before the Family Court, Thrissur. Therefore, no inconvenience would be caused to him, in Ext P4 being transferred. Hence, the transfer petition.

(3.) Heard; Sri. Prabhu K.N., the learned counsel appearing for the petitioners. Even though notice is served on the respondent, there is no appearance for him.