ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.269/2021 (Annexure A5) from the Family Court, Thodupuzha to the Family Court, Ernakulam.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. The respondent has treated the petitioner with matrimonial cruelty. She was compelled to file M.C. 9/2015 (Annexure- A1) before the Judicial First Class Magistrate Court, Thripunithura under the provisions of the Protection of Women from Domestic Violence Act. Even though orders have been passed, the respondent has not complied with the said orders. The respondent has now, through his power of attorney holder and father, filed Annexure-A5 seeking a decree of divorce. The petitioner is apprehensive of her life, if she goes to Thodupuzha. The petitioner is suffering from disability towards her left hand and she is not in a position to travel 120 kms to and fro to defend Annexure-A5.

Hence, the transfer petition.

3. Heard the learned counsel appearing for the petitioner. Even though notice was served on the respondent, there is no appearance for him.

4. The law with respect to transfer of proceedings, particularly matrimonial disputes, is no longer res-integra, in view of the categoric declaration of law by the Hon'ble Supreme Court in Sumitha Sing V. Kumar Sanjay and another [2002 KHC 1889], Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489] and Santhini V. Vijaya Venkatesh [2017 (5) KHC 48]. The Hon’ble Supreme Court has held that it is the convenience of the woman and children that has to be looked into, while ordering the transfer of a case from one Court to another.

5. In the light of the uncontroverted pleadings and materials on record and especially the fact that the respondent has not complied with the Annexure-A4 order passed by the learned Magistrate, which has been confirmed in Crl.A 395/2019, and the respondent is prosecuting Annexure-A5 through his power of attorney holder, and that the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure.

In the result, I allow the transfer petition by ordering the transfer of O.P No.269/2021 from the Family Court, Thodupuzha to the Family Court, Ernakulam. The Registry shall forward a copy of this order to the Family Court, Thodupuzha with instructions to forthwith transmit the records in Annexure A5 to the Family Court, Ernakulam. The Family Court, Ernakulam shall, immediately on the receipt of the records in Annexure-A5, issue notice to the parties for their appearance.

Sd/-

ma/6.6.2022 C.S.DIAS, JUDGE APPENDIX OF TR.P(C) 477/2021 PETITIONER ANNEXURES Annexure A1 TRUE PHOTOCOPY OF THE M.C.9/2015 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA.

Annexure A2 TRUE PHOTOCOPY OF THE E-MAIL COMMUNICATION ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS TO THE PETITIONER DATED 7/2/2018.

Annexure A3 TRUE PHOTOCOPY OF THE ORDER IN M.C.9/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA DATED 15/6/2019.

Annexure A4 TRUE PHOTOCOPY OF CRL.M.P.NO.2445/2019 IN M.C.9/2015 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA.

Annexure A5 TRUE PHOTOCOPY OF THE O.P.(DIVORCE)

NO.269/2021 ALONG WITH SUMMONS/NOTICE SERVED TO THE PETITIONER FROM THE FAMILY COURT, THODUPUZHA.

Annexure A6 TRUE COPY DISCHARGE INSTRUCTION FROM SUT HOSPITAL, PATTOM HAVING NO.43573 ALONG WITH MRI SCAN REPORT DONE AT PRS HOSPITAL, THIRUVANANTHAPURAM.