SONY ABRAHAM Vs. BOBBY BOSCO

JUDGEMENT

(1.) This petition is filed under S.23 of Code of Civil Procedure to transfer OP No. 407 of 2008, on the file of Family Court, Kottayam, to Family Court, Pune. OP No. 407 of 2008 is filed by the respondent for divorce. Petitioner is the wife. The case of the petitioner is that she is residing and working at Pune and it is not possible for her to come to Kottayam and contest the case, and, therefore, Original Petition pending before Family Court, Kottayam, is to be transferred to Family Court, Pune. It is also contended that respondent is also working at Pune.

(2.) The learned counsel appearing for the respondent opposed the prayer for transfer. It was submitted that respondent is now not working at Pune and though head office of the company in which respondent is employed is at Pune, he is not working at Pune, and, therefore, it is not at all convenient for the respondent to get the Original petition transferred to Pune. The learned counsel also submitted that notices are being received by the respondent at his address at Kottayam and not at Pune.

(3.) S.23 of Code of Civil Procedure provides for the Court which an application for transfer, as provided under S.22, is to be filed. S.22 provides that where, a suit may be instituted in any one or two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties, shall determine in which of the several Courts having jurisdiction the suit shall proceed.