Jisha vs Suresh C.K

JISHA vs Suresh C.K

Type Court Judgment Court Kerala Decided Jan 04, 2023

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Citation: sooperkanoon.com/1360274
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jan 04, 2023
Case Number: Tr.P(C)/298/2021

Parties & Advocates

Appellant / Petitioner

JISHA

Respondent

Suresh C.K

Excerpt

.....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 uncontroverted pleadings and materials on record and the totality of the facts and circumstances of the case, particularly the fact that annexure-2 is already tr.p(c) no.298 of 2021 4 pending before the family court, pathanamthitta, and that the respondent is contesting the proceedings before the said court, i am inclined to exercise the discretionary powers of this court under section 24 of the c.p.c. andorder the transfer of annexure-1, so that the cases can beconsolidated 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.944/2021 is transferred from the family court, ernakulam, to the family court, pathanamthitta.(ii) the parties will be at liberty to move the family court, pathanamthitta 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, ernakulam, with instructions to forthwith transmit the records in annexure-1 to the family court, pathanamthitta.(iv) the family court, pathanamthitta shall, immediately tr.p(c) no.298 of 2021 5 on receipt of the records in annexure-1, post the case along with annexure-2. sd/- c.s.dias, judge okb/4.1.2023 //true copy// p.s. to judgetr.p(c) no.298 of 2021 6 appendix of tr.p(c) 298/2021 petitioner annexures annexure 1 the true copy of the petition o.p. no. before the family court, ernakulam. annexure 2 the true copy of the petition in o.p (hma) no. 477/2020 on the file of family court, pathanamthitta.

Full Judgment

TR.P(C) NO.298 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944 TR.P(C) NO. 298 OF 2021 OP 944/2021 OF FAMILY COURT,ERNAKULAM PETITIONER/S: JISHA AGED 28 YEARS D/O. SHAJI P.S, PADINJARE CHARUVIL HOUSE, POOVATHUMOODU, RANNI PERUNAD P.O, AND VILLAGE, RANNI TALUK, PATHANAMTHITA DISTRICT, PIN-689 711 BY ADVS. V.SETHUNATH SREEGANESH.U RESPONDENT/S: SURESH C.K AGED 35 YEARS S/O. KUTTAPPAN M. M, RESIDING AT THEKKEDATH HOUSE, KULAYATTINKARA P.O, ARAYANKAVU, OLIPPURAM VILLAGE, ERNAKULAM DISTRICT, PIN-682 315 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO.298 OF 2021 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.944/2021 (Annexure-1) from the Family Court, Ernakulam, to the Family Court, Pathanamthitta.

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 child born in the wedlock. The marital relationship is strained. The petitioner has filed O.P.(HMA) No.477/2020 (Annexure-2) before the Family Court, Pathanamthitta, against the respondent seeking a decree of divorce. As a counterblast to the above case, the respondent has filed Annexure-1 against the petitioner, for a decree of restitution of conjugal rights. The respondent is contesting Annexure-2 before the Family Court at Pathanamthitta. No inconvenience would be caused to the respondent in Annexure-1 being transferred. Hence, the transfer petition. TR.P(C) NO.298 OF 2021 3

3. Heard; Sri.V. Sethunath, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no 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 uncontroverted pleadings and materials on record and the totality of the facts and circumstances of the case, particularly the fact that Annexure-2 is already TR.P(C) NO.298 OF 2021 4 pending before the Family Court, Pathanamthitta, and that the respondent is contesting the proceedings before the said court, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. and

order the transfer of Annexure-1, 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.944/2021 is transferred from the Family Court, Ernakulam, to the Family Court, Pathanamthitta.

(ii) The parties will be at liberty to move the Family Court, Pathanamthitta 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, Ernakulam, with instructions to forthwith transmit the records in Annexure-1 to the Family Court, Pathanamthitta.

(iv) The Family Court, Pathanamthitta shall, immediately TR.P(C) NO.298 OF 2021 5 on receipt of the records in Annexure-1, post the case along with Annexure-2. Sd/- C.S.DIAS, JUDGE okb/4.1.2023 //True copy// P.S. to Judge

TR.P(C) NO.298 OF 2021 6 APPENDIX OF TR.P(C) 298/2021 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF THE PETITION O.P. NO. BEFORE THE FAMILY COURT, ERNAKULAM. Annexure 2 THE TRUE COPY OF THE PETITION IN O.P (HMA) NO. 477/2020 ON THE FILE OF FAMILY COURT, PATHANAMTHITTA.

Same Court & Year Kerala · 2023 Same Parties JISHA vs Suresh C.K Same Judge Honourable Mr.Justice C.S.Dias