JUDGEMENT
K.HARILAL, J. -
(1.) The common petitioner in both cases is the wife
of the respondent therein. Their marital relationship
has become strained and now they are living
separately. The petitioner is living with her children
under the care and protection of her son at Ernakulam.
According to the petitioner, the petitioner preferred
O.P.No.225/ 2013 before the Family Court,
Pathanamthitta, for realisation of patrimony from the
respondent herein. According to the petitioner, when
she filed O.P.No.225/2013, she was residing at a place
within the jurisdiction of the Family Court,
Pathanamthitta and now she is residing with her son at
Ernakulam. She is aged 48 years and suffering from
chronic diabetic and arthritis and undergoing
treatment in Santhigiri Ayurveda Vaidyasala,
Ernakulam. She finds it very difficult to travel more
than 100 Kms. to reach Pathanamthitta to appear
before the Family Court in O.P.No.225/2013.Her
physical condition is not fit to travel, such a long
distance and the present place of residence is within
the jurisdiction of the Family Court, Ernakulam.
(2.) The respondent filed O.P.(D) No.224/2013 before the Family Court, Pathanamthitta, for
dissolution of the marriage. The learned counsel for
the respondent vehemently opposed the request for
transfer of the Original Petition to the Family Court,
Ernakulam, on the ground that the petitioner herself
filed the Original Petition before the Family Court,
Pathanamthitta. Thereafter, she changed her
residence to Ernakulam and now she sought for
transfer of the case to Ernakulam.
(3.) Hence she prayed for an order of transferring O.P.No.225/2013 and O.P.(D) No.224/2013 on the files
of the Family Court, Pathanamthitta, to the Family
Court, Ernakulam.;
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