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Aswathi vs Krishna Prasad.K

Aswathi vs Krishna Prasad.K

Type Court Judgment Court Kerala Decided Mar 31, 2023
~4 min read
https://sooperkanoon.com/case/1342802

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Tr.P(C)/140/2023

Parties & Advocates

Appellant / Petitioner

Aswathi

Respondent

Krishna Prasad.K

Excerpt

.....n.c.v. aiswarya v. a.s. sharavana karthik sha[2022(5) khc 185] and valsal nisha v. rajesh soman nair [2020(8) klr 475], that the convenience of the woman and children has to be given preference, while ordering the transfer of a case from one court to another.5. in the light of the law laid down in the afore-citeddecisions, the pleadings and materials on record and the totality of the facts and circumstances of the case, particularly the fact that annexure-b is already pending before the family court, kunnamkulam, and that the respondent is contesting the proceeding before the said court, i am inclined to exercise the discretionary powerstr.p(c) no. 140 of 2023 4of this court under section 24 of the c.p.c. and orderthe transfer of annexure-a, so that the cases can be consolidated and jointly tried, which would save the precious judicial time, avoid conflict of decisions and multiplicity of proceedings. in the result, i allow the transfer petition as follows:(i) o.p.no.1239/2022 is transferred from the family court, thalassery, to the family court, kunnamkulam.(ii) the parties will be at liberty to move the family court, kunnamkulam and seek for the consolidation and joint trial of all the cases between them.(iii) the registry shall forward a copy of this orderto the family court, thalassery, with instructions to forthwith transmit the records in annexure-a to the family court, kunnamkulam.(iv) the family court, kunnamkulam shall, immediately on receipt of the records in annexure-a, post the case along with annexure-b. sd/- c.s.dias, judge okb/31.3.23 //true copy// p.s. to judgetr.p(c) no. 140 of 2023 5 appendix of tr.p(c) 140/2023 petitioner annexures annexure -a a copy of notice received from the family court, thalassery annexure -b a copy of m.c. no.10/22 filed by the petitioner herein before the family court, kunnamkulam

Full Judgment

TR.P(C) NO. 140 OF 2023 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 TR.P(C) NO. 140 OF 2023 OP 1239/12022 OF FAMILY COURT, THALASSERY PETITIONER/S: ASWATHI AGED 29 YEARS D/O. UNNIKRISHNAN NAMBOOTHIRI, KALLAMBILIMANA , VELLARAKKAD DESOM, VELLARAKKAD VILLAGE, VELLARAKKAD P.O.KUNNAMKULAM TALUK, THRISSUR DISTRICT -, PIN - BY ADVS. SANTHOSH P.PODUVAL R.RAJITHA CHITHRA S.BABU RESPONDENT/S: KRISHNA PRASAD.K AGED 41 YEARS S/O. KRISHNAN NAMBOOTHIRI, KARABHATTATHIRI ILLAM, MOOLAKIRI DESOM, KOODALI P.O. KOODALI VILLAGE THALASSERY TALUK, KANNUR DISTRICT-, PIN - 670592 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 140 OF 2023 2

ORDER

The transfer petition is filed under Section 24 of the Code of Civil Procedure, 1908 (in short, 'C.P.C.'), seeking to transfer O.P.No.1239/2022 (Annexure-A) from the Family Court, Thalassery, to the Family Court, Kunnamkulam.

2. The petitioner’s case, in brief, in the

memorandum of transfer petition, is that, she is the wife of the respondent. They have a daughter born in the wedlock. The marital relationship is strained. The respondent has refused to maintain the petitioner and the child. The petitioner has filed M.C.No.10/2022 (Annexure-B) before the Family Court, Kunnamkulam, against the respondent. The respondent is contesting Annexure-B before the said court. Therefore, no inconvenience would be caused to the respondent in Annexure-A being transferred. Hence, the transfer petition.

3. Heard; Sri. Santhosh P. Poduval, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no TR.P(C) NO. 140 OF 2023 3 appearance for him.

4. It is well settled in a catena of decisions by the

Hon’ble Supreme Court in Sumitha Sing V. Kumar Sanjay and another [(2001)10 SCC 41)], Mona Aresh Goel V. Aresh Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584], Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)], N.C.V. Aiswarya v. A.S. Sharavana Karthik Sha[2022(5) KHC 185] and Valsal Nisha v. Rajesh Soman Nair [2020(8) KLR 475], that the convenience of the woman and children has to be given preference, while ordering the transfer of a case from one Court to another.

5. In the light of the law laid down in the afore-cited

decisions, the pleadings and materials on record and the totality of the facts and circumstances of the case, particularly the fact that Annexure-B is already pending before the Family Court, Kunnamkulam, and that the respondent is contesting the proceeding before the said court, I am inclined to exercise the discretionary powers

TR.P(C) NO. 140 OF 2023 4

of this Court under Section 24 of the C.P.C. and order

the transfer of Annexure-A, so that the cases can be consolidated and jointly tried, which would save the precious judicial time, avoid conflict of decisions and multiplicity of proceedings. In the result, I allow the transfer petition as follows:

(i) O.P.No.1239/2022 is transferred from the Family Court, Thalassery, to the Family Court, Kunnamkulam.

(ii) The parties will be at liberty to move the Family Court, Kunnamkulam and seek for the consolidation and joint trial of all the cases between them.

(iii) The Registry shall forward a copy of this order

to the Family Court, Thalassery, with instructions to forthwith transmit the records in Annexure-A to the Family Court, Kunnamkulam.

(iv) The Family Court, Kunnamkulam shall, immediately on receipt of the records in Annexure-A, post the case along with Annexure-B. Sd/- C.S.DIAS, JUDGE okb/31.3.23 //True copy// P.S. to Judge

TR.P(C) NO. 140 OF 2023 5 APPENDIX OF TR.P(C) 140/2023 PETITIONER ANNEXURES Annexure -A A COPY OF NOTICE RECEIVED FROM THE FAMILY COURT, THALASSERY Annexure -B A COPY OF M.C. NO.10/22 FILED BY THE PETITIONER HEREIN BEFORE THE FAMILY COURT, KUNNAMKULAM

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