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2022 Supreme(Online)(KER) 23088

HIGH COURT OF KERALA
TWINKLE MARIA JOSE – Appellant
Versus
LIJO JOSE – Respondent


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

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