PRIJISHA Vs. DILISH N. NAIR

JUDGEMENT

(1.) THIS petition is filed by the wife seeking transfer of O.P. No. 861 of 2012 from the Family Court, Muvattupuzha to the Family Court, Kollam. That is a petition filed by the respondent -husband for restitution of conjugal rights. Petitioner has filed M.C. No. 128 of 2012 in the Family Court, Kollam claiming maintenance from the respondent. Petitioner, on account of travelling distance requests that the case be transferred to the Family Court at Kollam.

(2.) PETITION is opposed by the respondent. It is contended that he has to look after his father who has to undergo dialysis. It is also contended that sister of petitioner is staying at Tripunithura and hence petitioner can stay there and contest the case at Muvattupuzha. A further contention is that father of petitioner has threatened to manhandle the respondent.

(3.) IT is not disputed that petitioner aged 25 years is now residing at Koipadu, near Chathannur, in Kollam District. Whether or not her sister is staying at Tripunithura, if petitioner is staying at the said place she has to travel a long distance from that place to attend the court at Muvattupuzha. Moreover, M.C. No. 128 of 2012 is pending in Family Court, Kollam and so far, for whatever reason it be, respondent has not prayed for a transfer of that case to the Family Court, Muvattupuzha. It is appropriate that both the cases are tried and disposed of by the same court.