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Judgment
A. Muhamed Mustaque, J.—This petition is filed u/s 24 of the CPC seeking transfer of O.P. No. 671 of 2013 on the file of the Family Court, Pathanamthitta to the Family Court, Ernakulam. The petitioner filed O.P. No. 546 of 2013 for past maintenance before the Family Court, Thiruvalla. The above O.P. is renumbered as O.P. No. 671 of 2013 as it was transferred to the Family Court, Pathanamthitta on its constitution recently.
The petitioner avers that she is residing at Ernakulam and she finds it difficult to travel a long distance to Pathanamthitta from Ernakulam. The petitioner further avers that she is under treatment with Ayurvedic doctor due to chronic rheumatic complaints.
Heard the learned counsel for the petitioner and the respondents.
The respondent complaints that he is also a patient and it may be difficult for him if the case is transferred to Ernakulam.
The petitioner filed similar petitions to transfer other pending cases before the Family Court, Pathanamthitta to the Family Court, Ernakulam. Considering the inconvenience expressed by the petitioner and she being a lady, this Court finds that this is a fit case in which the transfer petition can be allowed. However, this Court finds that inconvenience expressed by the respondent also need to be looked into, of course, this can be safeguarded by directing the court below not insist upon his presence for the purpose of the case unless if so warranted.
In the result, the transfer petition is allowed. O.P. No. 671 of 2013 on the file of the Family Court, Pathanamthitta is withdrawn from the said court and transferred to the Family Court, Ernakulam. There shall be a further direction that the Family Court, Ernakulam, shall not insist upon the presence of the respondent unless if so warranted or as required under law.