AAN MARY IVAN Vs. SHEBIN BABY

JUDGEMENT

(1.) The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (Div) 1762/2021 (Annexure I) from the Family Court, Mavelikkara to the Family Court, Pathanamthitta.

(2.) The petitioner's case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. Due to the matrimonial cruelty meted out on her by the respondent and his willful refusal to maintain her, she has filed OP No.1433/2021 (Annexure III) and MC No.9/2022 (Annexure IV), against the respondent, before the Family Court, Pathanamthitta, seeking a decree for return of patrimony and other ancillary reliefs and an order for maintenance, respectively. The respondent has now filed Annexure I, seeking a decree of divorce. The respondent has not sought for transfer of Annexures III and IV. Therefore, necessarily, he has to contest Annexures III and IV before the Family Court, Pathanamthitta. Hence, no inconvenience would be caused to him in the transfer of Annexure I to the Family Court, Pathanamthitta. Hence, the transfer petition.

(3.) Heard; Sri.Jacob P.Alex, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.