A party can request a transfer of proceedings based on valid grounds despite previous agreements regarding settlement.

JUDGMENT

This Transfer Petition has been filed seeking the transfer of the proceedings in O.P. (HMA) No. 505 of 2020 on the files of the Family Court, Kollam, to the Family Court, Punalur, for trial and disposal. 2. It is stated that the petitioner is an advocate practising in various courts in the Kollam centre, including the Family Court, and that she has difficulty in appearing before the Family Court, Kollam, in connection with the divorce case filed by the respondent.

3. A counter affidavit has been filed by the respondent objecting to the transfer. It is stated that the original petition is at the evidence stage and has been pending from the year 2020 and may not be transferred. It is also pointed out that in O.P.(FC) No. 799 of 2024, which came up before this Court, the parties arrived at a settlement. The respondent returned the gold ornaments to the petitioner, and the petitioner agreed to fully co-operate for the expeditious disposal of the proceedings before the Family Court, Kollam, in O.P.(HMA) No. 505 of

2020.

4. I have gone through the orders issued by this Court and the counter affidavit filed by the respondent. The grievance expressed by the petitioner is justified, since she is a practising advocate in the courts in Kollam. The case before this Court related to the return of gold ornaments, and as far as that issue is concerned, the matter stands settled. It was in the course of the said proceedings that the parties agreed to co-operate for the expeditious disposal of the proceedings before the Family Court. The said agreement cannot be treated as a bar to the petitioner seeking transfer on valid grounds. I do not find any justification for the objections raised by the respondent.

The Transfer Petition is allowed and O.P.(HMA) No.505 of 2020 pending before the Family Court, Kollam stands transferred to the Family Court, Punalur, for hearing and disposal.

Sd/-