ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer OP (Div) No.557/2022 (Annexure-A4) from the Family Court, Malappuram to the Family Court, Ottapalam.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. The marital relationship is strained. The respondent has willfully refused to maintain the petitioner and the child. The petitioner has filed MC 62/2019 (Annexure A1), against the respondent, before the Court of the Judicial First Class Magistrate, Pattambi, invoking the provisions of the Protection of Women from Domestic Violence Act. Interim maintenance has been ordered in favour of the petitioner and the child. The respondent is contesting the proceeding before the said Court. There is no person to chaperone the petitioner and the child from Pattambi to Malappuram to contest Annexure-A4.

Hence, the transfer petition.

3. The respondent has filed a counter affidavit refuting the allegations in the transfer petition. He has contended that the residence of the petitioner is equi- distant with the Family Court, Malappuram and Family Court, Ottapalam. Therefore, no inconvenience would be caused to the petitioner in Annexure-A4 being prosecuted before the Family Court, Malappuram. Moreover, there is no sitting in the Family Court at Ottapalam. Hence, the transfer petition may be dismissed.

4. The petitioner has filed a reply affidavit denying the allegations in the counter affidavit. The petitioner has relied on the law laid down by the Hon’ble Supreme Court in catena of decisions upholding the convenience of a woman while dealing with cases of transfer. Hence, the petitioner has prayed for transfer of Annexure A4.

5. Heard; Sri.Satheesh, the learned counsel appearing for the petitioner and Sri.E.C Ahamed Fazil, the learned counsel appearing for the respondent.

6. It is on record that the petitioner has filed Annexure A1 before the jurisdictional Magistrate at Pattambi. Annexure A3 interim order has been passed directing the respondent to pay maintenance for the petitioner and the child. The respondent is contesting the proceedings before the said Court. The main objection of the respondent is the Family Court, Malappuram and Family Court, Ottapalam, is equi- distant for the petitioner. The fact remains that the petitioner and the child are residing at Pattambi, which is closer to the Family Court, Ottapalam, and is said to be convenient for the petitioner and the child.

7. 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], Santhini V. Vijaya Venkatesh [2017 (5) KHC 48] and N.C.V Aishwarya vs. A.S Saravana Karthik Sha [2022 (5) KHC 182]. 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.

8. In the light of the law laid down in the afore-

cited decisions, the pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that the petitioner and the child are residing in her parental home at Pattambi, which is closer to the Family Court, Ottapalam, I am inclined to exercise the discretionary powers of this Court under Sec.24 of the Code of Civil Procedure and order the transfer of OP(Div) No.557/2022.

In the result, I allow the transfer petition as follows:

(i) OP (Div)No.557/2022 is transferred from the Family Court, Malappuram, to the Family Court, Ottapalam.

(ii) The Registry shall forward a copy of this order to the Family Court, Malappuram with instructions to forthwith transmit the records in Annexure-A4 to the Family Court, Ottapa