MERIN CHERISH Vs. SHIBU M. STANLY

JUDGEMENT

(1.) The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer OP(Div) No.280/2022 (Annexure A1) from the Family Court, Alappuzha to the Family Court, Thiruvalla.

(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 that was meted out on the petitioner by the respondent, she was constrained to leave the matrimonial home. As the Family Court, Alappuzha is the Court having jurisdiction to entertain an original petition for divorce, as provided under the Divorce Act, 1869, the petitioner was constrained to file Annexure A1 before the said Court. Thereafter, she has filed O.P.No.18/2021 (Annexure A2) and M.C.No.2/2021 (Annexure A3), against therespondent, before the Family Court at Thiruvalla. The petitioner is a permanent resident of Mallappally. The respondent is contesting Annexures A2 and A3 before the Family Court, Thiruvalla. Therefore, no inconvenience would be caused to the respondent, if Annexure A1 is transferred to the Family Court, Thiruvalla. Hence, the transfer petitioner.

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