Full Judgment
TR.P(C) NO.625 OF 2022 1
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. 625 OF 2022 OP 720/2022 OF FAMILY COURT, IRINJALAKUDA PETITIONER/S: SANDHYA @ MARY AGED 38 YEARS D/O ANTONY, KURISINKAL HOUSE, KANDAKKADAVU, CHELLANAM P.O., ERNAKULAM, PIN - 682008 BY ADVS. C.Y.VINOD KUMAR P.M.MANASH RESPONDENT/S: SANTHOSHKUMAR AGED 43 YEARS S/O LONAPPAN, KOPLI HOUSE, PARAPPURAM, ELANJIPRA P.O., CHALAKKUDY, THRISSUR, PIN - 680721 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.625 OF 2022 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.720/2022 (Annexure-A1) from the Family Court, Irinjalakuda, to the Family Court, Ernakulam.
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 respondent has refused to maintain the petitioner. The petitioner has filed M.C.No.278/2022 (Annexure-A2) before the Family Court, Ernakulam, against the respondent seeking an order of maintenance. The respondent is contesting Annexure-A2 before the Family Court, Ernakulam. Therefore, no inconvenience would be caused to the respondent in Annexure-A1 being transferred. Hence, the transfer petition.
3. Heard; Sri.C.Y. Vinod Kumar, the learned TR.P(C) NO.625 OF 2022 3 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-A2 is TR.P(C) NO.625 OF 2022 4 already pending before the Family Court, Ernakulam, 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-A1 to the Family Court, Ernakulam, 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.720/2022 is transferred from the Family Court, Irinjalakuda, to the Family Court, Ernakulam.
(ii) The parties will be at liberty to move the Family Court, Ernakulam 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, Irinjalakuda, with instructions to forthwith transmit the records in Annexure-A1 to the Family Court, Ernakulam. TR.P(C) NO.625 OF 2022 5
(iv) The Family Court, Ernakulam shall, immediately
on receipt of the records in Annexure-A1, post the case along with Annexure-A2. Sd/- C.S.DIAS, JUDGE okb/3.1.2023 //True copy// P.S. to Judge TR.P(C) NO.625 OF 2022 6 APPENDIX OF TR.P(C) 625/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE O.P. NO. 720/2022 FILED BY THE RESPONDENT ON THE FILE OF THE FAMILY COURT, IRINJALAKKUDA Annexure A2 TRUE COPY OF THE MC NO. 278/22 ON THE FILES OF THE COURT FAMILY COURT, ERNAKULAM