SUSAN ABRAHAM Vs. SHIBU GEROGE

JUDGEMENT

(1.) The common petitioner in both cases is the wife of the respondent therein. Their marital relationship has become strained and now they are living separately. The petitioner is living with her children under the care and protection of her son at Ernakulam. According to the petitioner, the petitioner preferred O.P.No.225/ 2013 before the Family Court, Pathanamthitta, for realisation of patrimony from the respondent herein. According to the petitioner, when she filed O.P.No.225/2013, she was residing at a place within the jurisdiction of the Family Court, Pathanamthitta and now she is residing with her son at Ernakulam. She is aged 48 years and suffering from chronic diabetic and arthritis and undergoing treatment in Santhigiri Ayurveda Vaidyasala, Ernakulam. She finds it very difficult to travel more than 100 Kms. to reach Pathanamthitta to appear before the Family Court in O.P.No.225/2013.Her physical condition is not fit to travel, such a long distance and the present place of residence is within the jurisdiction of the Family Court, Ernakulam.

(2.) The respondent filed O.P.(D) No.224/2013 before the Family Court, Pathanamthitta, for dissolution of the marriage. The learned counsel for the respondent vehemently opposed the request for transfer of the Original Petition to the Family Court, Ernakulam, on the ground that the petitioner herself filed the Original Petition before the Family Court, Pathanamthitta. Thereafter, she changed her residence to Ernakulam and now she sought for transfer of the case to Ernakulam.

(3.) Hence she prayed for an order of transferring O.P.No.225/2013 and O.P.(D) No.224/2013 on the files of the Family Court, Pathanamthitta, to the Family Court, Ernakulam.