Judicial discretion allows for transfer of cases under hardship circumstances regardless of changes in power of attorney.

ORDER

The petition has been filed seeking transfer of OP(Divorce) No.562 of 2024 pending before the Family Court, Kalpetta to the Family Court, Irinjalakuda. The petitioner is the wife of the respondent. She is conducting the case through her mother as per a power of attorney which has been executed in favour of her mother. The respondent filed the original petition seeking divorce before the Family Court, Kalpetta. The petitioner submits that her aged mother is permanently residing at Iranikkulam and has difficulty to travel more than 270 km to Kalpetta and conduct the case.

2. The respondent entered appearance and submitted that the respondent was being represented in the proceedings through his brother. After this Court indicated that the transfer petition may be allowed, a submission is made that the brother can no longer be the power of attorney and instead the respondent has executed a power of attorney in favour of his mother. Merely for the fact that a fresh power of attorney has been executed, I do not find any reason to not grant the relief prayed for in the transfer petition.

3. The transfer petitioner is allowed. OP(Divorce)

No.562 of 2024 pending before the Family Court, Kalpetta stands transferred to the Family Court, Irinjalakuda for trial and disposal.

Sd/-