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The petitioner, who is the respondent in O.P.No.1490/2016, pending on the file of the Family Court, Attingal, has filed this transfer petition under Section 24 of the Code of Civil Procedure, 1908, seeking an order to transfer the said original petition from the Family Court, Attingal, to the Family Court, Thiruvananthapuram. O.P.No.1490/2016 is one filed by the respondent/husband seeking a decree for divorce.
2. M.C.No.457/2016 filed by the petitioner/wife under Section 125(1) of the Code of Criminal Procedure, 1973, seeking maintenance, is pending consideration before the Family Court, Thiruvananthapuram. Similarly, O.P.No.2501/2016 filed by her for recovery of money for the welfare of the new born child and for return of matrimonial property is pending consideration before the Family Court, Thiruvananthapuram. In addition to this, O.P.No.2496/2016 filed by her against the respondent/ husband and his parents is also pending consideration before the :-2-:
Family Court, Thiruvananthapuram.
3. On 15.3.2017, this Court admitted the case on file and issued urgent notice by speed post to the respondent. This Court has also granted interim stay of all further proceedings in O.P.No.1490/2016 pending on the file of the Family Court, Attingal.
4. Heard the learned counsel for the petitioner/wife and the learned counsel for the respondent/husband.
5. Admittedly, the petitioner/wife is residing at Palkulangara in Thiruvananthapuram District along with her new born child. M.C.No.457/2016, O.P.No.2501/2016 and O.P.No.2496/2016 filed by the petitioner/wife are pending consideration before the Family Court, Thiruvananthapuram. Therefore, if O.P.No.1490 of 2016 filed by the respondent/husband is proceeded before the Family Court, Attingal, she will be put to untold hardship.
7. Considering the facts and circumstances of the case, in the light of the decisions of the Apex Court referred to supra, this Court finds that the petitioner has made out a case for transfer of O.P.No.1490/2016 pending before the Family Court, Attingal, to the Family Court, Thiruvananthapuram. Accordingly, O.P.No.1490/2016 pending before the Family Court, Attingal, is withdrawn and transferred to the Family Court, Thiruvananthapuram.
8. The Family Court, Attingal, is directed to transmit the records to the Family Court, Thiruvananthapuram. The Registry is directed to communicate a copy of this order to both the courts immediately.