Deepa Ayyar vs Ashok V.

A. Muhamed Mustaque, J.—This petition is filed u/s 24 of the CPC seeking transfer of O.P. No. 1302 of 2013 on the file of the Family Court, Ernakulam by the respondent to the Family Court, Palakkad. The above original petition is filed for restitution of conjugal rights.

The petitioner is the wife and the respondent is the husband. Their marriage took place on 25.05.2012. Admittedly, the petitioner filed a maintenance case u/s 125 of the Code of Criminal Procedure before the Family Court, Palakkad and the same is pending as M.C. No. 287 of 2013. According to the petitioner, she finds it difficult to travel from Palakkad to Ernakulam and no one to accompany her to attend the case at Family Court, Ernakulam. There is nothing on record to disbelieve this affirmation made by the petitioner. Since maintenance case is already pending before the Family Court, Palakkad, it may be convenient for both parties to have trial of both these matters before the same court.

Under the above such circumstances, this transfer petition is allowed. O.P. No. 1302 of 2013 on the file of the Family Court, Ernakulam is withdrawn from the said court and transferred to the Family Court, Palakkad.