AI Structured Summary
Not yet generated for this judgment
Judgment
The sole petitioner in this Transfer Petition filed under Section 24 of Code of Civil Procedure seeking transfer of O.P. 79/2019 pending before the
Family Court, Thodupuzha, is the husband. His wife filed O.P. O.P. 79/2019 for recovery of money and realisation of value of gold ornaments. He
seeks transfer of O.P. to Family Court, Attingal.
I heard the learned Counsel appearing for the petitioner as well as the respondent. The petitioner submits that he is represented in the O.P. by his
mother as his attorney. She is aged 64 and suffering from Left Thalamic Stroke and Lacunar stroke and is therefore unable to undertake travel for a
long distance. It is submitted that Family Court, Thodupuzha, is situated approximately 210 K.M. from Varkala where the power attorney holder
resides. It also submitted that O.P. No. 413/2019 is pending before Family Court, Attingal, instituted by the petitioner seeking similar reliefs.
The learned Counsel for the respondent contends that on previous occasions, there were two matters between same parties which were pending
before Family Court, Thodupuzha, and were disposed on merits. Therefore, the submission made is to be effect that the same position may be
maintained, and O.P. No. 79/2019 also be transferred to Family Court, Thodupuzha as well. It is further submitted that power attorney holder of
respondent is also suffering from some sort of disease and he cannot also undertake travel for long distance.
After hearing both sides, I am of the view that, request for transfer made is not just and reasonable. On a previous occasion, as I already observed,
the litigations between spouses were brought before Family Court, Thodupuzha, and disposed on merits. There is no reason to take a changed view in
this matter. If at all the petitioner's power of attorney holder, mother is not in a position to travel about, some provision can be made in this order
enabling her to apply for personal exemption before the Family Court urging grounds raised in this Transfer Petition.
In the result O.P. fails and it is dismissed. At the same time, it is made clear that the petitioner's power attorney holder would be entitled to apply to
the Family Court, Thodupuzha for exemption from personal appearance before that court and in the event such an application is filed the court shall
consider it favourably.