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2022 Supreme(Ker) 201

A.BADHARUDEEN
Mini Antony, D/o. E. J. Antony – Appellant
Versus
Savio Aruja, S/o. Paschal Arooja – Respondent


Advocates Appeared:
For the Petitioner: P.V. Anoop, Phijo Pradeesh Philip, M.P. Priyeshkumar, K.V. Sreeraj.
For the Respondent: Shiras Aliyar.

ORDER :

The interesting question in this transfer petition is as under:

Is the inconvenience of the power of attorney holder of the husband is a reason to disallow transfer of a petition pending before the Family Court at the instance of the wife, highlighting her convenience.

2. This transfer petition has been filed under Section 24 of the Code of Civil Procedure by the petitioner, who is the wife, seeking transfer of O.P.No.1038/2021 pending before the Family Court, Muvattupuzha to Family Court, Kozhikode, where she has been residing permanently.

3. Heard both sides in detail.

4. Adv. Shiras Aliyar appeared for the respondent zealously opposed transfer on the submission that the respondent is a male nurse working abroad and therefore, he appointed his father as power of attorney to conduct the case. If the transfer is allowed, the same will be inconvenient for the father who is aged and ailing to reach Kozhikode to conduct the case. Therefore, the transfer cannot be allowed, is the submission of the learned counsel for the respondent.

5. The sum and substance of the objection raised by the respondent is that, if transfer sought for is allowed, the same would be inconvenient for the pow

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