ABHIJNA U.G. Vs. VIJAY MAHADEVAN

JUDGEMENT

(1.) The transfer petition is filed under Sec. 24 of the Code of Civil Procedure, seeking to transfer O.P No. 46/2021 (Annexure-A3) from the Family Court, Kozhikode to the Family Court, Thiruvananthapuram.

(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 one year old daughter born in their wedlock. Due to the matrimonial cruelty meted out on her by the respondent, she has filed O.P(HMA) No. 828/2021 (Annexure- A1) before the Family Court, Thiruvananthapuram, seeking a decree for realisation of money and other consequential reliefs. Now the respondent, in order to harass her, has filed Annexure-A3 before the Family Court, Kozhikode seeking a decree of divorce. The petitioner is a permanent resident of Thiruvananthapuram. It is difficult for her to travel all along from Thiruvananthapuram to Kozhikode to defend Annexure-A3. The petitioner's parents are septuagenarians and it is difficult for her to travel to and fro with a breast feeding child. Her parents are also suffering from different ailments. At any rate, the respondent has not sought for the transfer of Annexure-A1 from the Family Court, Thiruvananthapuram. Hence, he would have to necessarily appear before the Family Court, Thiruvananthapuram to contest Annexure-A1. Hence the transfer petition.

(3.) The transfer petition is resisted by the respondent, who has filed a counter affidavit and an additional counter affidavit. He has, inter alia, contended that the petitioner has sent him a text message stating that she would get a promotion and return to Kozhikode in the month of November. If the case is transferred to the Family Court, Thiruvananthapuram, it would cause difficulties to both parties. Hence, the transfer petition may be dismissed.