Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 TR.P(C) NO. 428 OF 2022 IN OP 1327/2021 OF FAMILY COURT,ERNAKULAM PETITIONER/RESPONDENT: AATHIRA DEV V, AGED 28 YEARS, D/O. V K DEVARAJAN, VARIKKOLIL HOUSE, KUTTOOR VILLAGE, VENPALA P.O., THIRUVALLA, PATHANAMTHITTA 689 102. BY ADVS. M.MANOJKUMAR (CHELAKKADAN) T.H.ARAVIND RESPONDENT/PETITIONER: BALASANKAR A.R, AGED 31 YEARS, S/O. A.C. RAVI, ALLAPARAMBIL HOUSE, SR- 64,A SHOBHA ROAD, PALARIVATTOM P.O., ERNAKULAM DISTRICT,682 025. BY ADVS. JOY GEORGE PRAICY JOSEPH VINO JOSE TANYA JOY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 428 OF 2022 2
ORDER
The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P. No.1327/2021 (Annexure A) from the Family Court, Ernakulam to the Family Court,Thiruvalla.
2. The petitioner’s case, in brief, in the
memorandum of transfer petition is that, she is the wife of the respondent. The marital relationship is strained. The petitioner has filed O.P. No.401/2021 (Annexure C) before the Family Court, Thiruvalla, against the respondent, seeking a decree for return of gold ornaments and money. The respondent is contesting Annexure C before the
Family Court, Thiruvalla. The respondent has filed Annexure A, against the petitioner. The petitioner has also filed M.C. No.23/2021, against the respondent, before the Judicial First Class Magistrate Court-IX, Ernakulam, TR.P(C) NO. 428 OF 2022 3 invoking the provisions of Protection of Women from Domestic Violence Act. The petitioner finds it extremely difficult to contest Annexure A before the Family Court, Ernakulam. Hence the transfer petition.
3. Heard; Sri. M.Manojkumar, the learned counsel appearing for the petitioner and Smt.Tanya Joy, the learned counsel appearing for the respondent.
4. The law with respect to transfer of proceedings,
particularly matrimonial disputes, is no longer res-integra, in view of the categoric declaration of law by the Hon'ble Supreme Court in Sumitha Sing V. Kumar Sanjay and another [2002 KHC 1889], Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489], Santhini V. Vijaya Venkatesh [2017 (5) KHC 48] and Aiswarya N.C.V. v. A.S. Saravana Karthik Sha [2022
(5) KHC 185(SC)]. The Hon’ble Supreme Court has held
that it is the convenience of the woman and children that TR.P(C) NO. 428 OF 2022 4 has to be looked into, 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, the totality of the facts and circumstances of the case, particularly the fact that Annexure C is already pending before the Family Court, Thiruvalla and the respondent is contesting the proceeding before the said court, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transfer of Annexure A, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions.
In the result, I allow the transfer petition as follows:-
(i) O.P No.1327/2021 is transferred from the Family Court, Ernakulam to the Family Court, Thiruvalla.
(ii) The parties would be at liberty to move the Family Court, Thiruvalla and seek for the consolidation and joint TR.P(C) NO. 428 OF 2022 5 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 A to the Family Court, Thiruvalla.
(iv) The Family Court, Thiruvalla shall, immediately
on the receipt of the records in Annexure A, post the case along with Annexure C. Sd/- C.S.DIAS, JUDGE rmm/03.01.2023 TR.P(C) NO. 428 OF 2022 6 APPENDIX PETITIONER ANNEXURES Annexure A A TRUE COPY OF OP NO. 1327 OF 2021 FILED BEFORE THE HON’BLE FAMILY COURT, ERNAKULAM. Annexure B TRUE COPY OF I A NO. 6001 OF 2021 IN OP NO. 1327 OF 2021 BEFORE THE FAMILY COURT, ERNAKULAM. Annexure C TRUE COPY OF OP NO. 401 OF 2021 FILED BEFORE THE HON’BLE FAMILY COURT, THIRUVALLA.