The decision emphasizes the court's discretion under Section 24 of the CPC to transfer cases to ensure access to justice when a party faces substantial hardships.

ORDER

Both these Transfer Petitions have been filed by the same petitioner, namely Smt.Shikha Vasanth.

2. The petitioner explains that, on account of severe matrimonial disputes between her husband – the respondent in Tr.P(C)No.100 of 2023, Sri.Sharath Jayaprakash (who is the 1st respondent in Tr.P(C)No.420 of 2023) – she was forced to relocate herself to her parental home at Palakkad. She points out that Sri.Sharath Jayaprakash filed O.P.No.752 of 2020 before the Family Court, Kozhikode for dissolution of marriage, and also O.P.No.147 of 2023 before the same Court, against her along with respondents 2 to 4, restraining them from entering into his house. She says that she is finding it extremely difficult to contest the afore two Original Petitions before the Family Court, Kozhikode, since she has to travel more than 125 k.m one way to attend them; adding that she is living with her parents without any financial support and with no one to accompany her for the travel, rendering it extremely inconvenient to attend the Family Court, Kozhikode, particularly when the hearings are to get late and she may be forced to stay there, which is impossible. She says that she, therefore, has been constrained to approach this Court through these Transfer Petitions, to transfer the afore said Original Petitions to the Family Court, Palakkad.

3. In response to the afore submissions of the petitioner, as made by her learned counsel – Sri.Saijo Hassan, the learned counsel for Sri.Sharath Jayaprakash – Sri.M.S.Aneer, submitted that his client objects to the transfer of both the Original Petitions; but as regards the cause projected in Tr.P(C)No.100 of 2023, he was unable to offer any cogent substantiation. However, as regards Tr.P(C)No.420 of 2023, he submitted that since the Original Petition before the Family Court, Kozhikode, was filed by his client seeking injunction against the petitioner and other respondents therein, same cannot be transferred to the Family Court, Kozhikode, because if it is to be decreed in future, it can be executed only at the Family Court, Kozhikode. He thus prayed that both the Transfer Petitions be dismissed.

4. When I consider and evaluate the afore rival submissions, it is indubitable that residence of the petitioner at Palakkad is now admitted. The factum of her living with her parents, without any source of income or support is also without dispute. Obviously, it would be extremely difficult for her to travel to Kozhikode to contest the afore Original Petitions, and there can be little doubt in this regard.

5. On the other hand, the case of Sri.Sharath Jayaprakash –

the respondent in Tr.P(C) No.100/2023 and the 1st respondent in Tr.P(C) No.420/2023, is that petitioner is a doctor, who has enough resources to travel, and hence that she cannot now seek transfer of the Original Petitions pending before the Family Court, Kozhikode. He also has an adscititious claim that since O.P.No.147/2023 has been filed by his client at the Family Court, Kozhikode, seeking an injunction against the petitioner and other respondents therein from entering into his house, it can be maintained only in the said Court.

6. I am afraid that the afore objections of the respondent cannot appeal to this Court because, even if the petitioner is working as a doctor, when she says that she does not have income and that she is unable to work on account of the matrimonial disputes, this Court does not require to treat such submissions with suspicion, when the respondent offers no contra evidence, except a bald assertion. That apart, the petitioner being a lady, would find it extremely difficult to travel all the way to Kozhikode to contest the afore cases.

7. That said, the other objection of the respondent, that O.P.No.147/2023, cannot be transferred to the Family Court, Palakkad, because the subject matter of the house is at Kozhikode, cannot also appeal to me because, under the general powers of transfer couched in Section 24 of the Code of Civil P