Full Judgment
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. 651 OF 2022 IN OP 1367/2022 OF FAMILY COURT, ATTINGAL PETITIONER: SREEDEVI AGED 40 YEARS SREEDEVI NIVAS,TC 3/1234(18/2754), E 33,LEKSHMI NAGAR,PATTOM P O, THIRUVANANTHAPURAM., PIN - 695004 BY ADVS. P.T.MARY R.S.REJITHA RESPONDENT/S: JAYAPRAKASH, AGED 50 YEARS, DEVINANDANA,THALASSERY,AMBALAM ROAD, P O, CHIRAYINKEEZHU THIRUVANANTHAPURAM., PIN - 695102 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 4th day of January, 2023
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.1367/2022 (Annexure-A1), from the Family Court, Attingal to the Family Court,
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 their wedlock. The marital relationship is strained. The respondent has refused to maintain the petitioner and the child. The petitioner has filed M.C.No.143/2021, O.P.Nos.1129 & 1130/2021 before the Family Court, Thiruvananthapuram, against the respondent. The respondent is contesting the above three cases before the said court. As a counter blast to the above proceedings, the respondent has filed -:3:- Annexure-A1. Therefore, no inconvenience would be caused to the respondent, in Annexure-A1 being transferred. Hence, the transfer petition.
3. Heard; Sri. R.S.Rejitha, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.
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 [(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 -:4:- [2020(8) KLR 475]. The Hon'ble Supreme Court has
held that it is the convenience of the woman and
children that 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 totality of the facts and circumstances of the case, particularly the fact that
M.C.No.143/2021, O.P.Nos.1129 & 1130/2021 are pending before the Family Court, Thiruvananthapuram and 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 the Annexure-A1, so that the cases can be consolidated and jointly tried, which would save judicial time and avoid conflict of decisions.
In the result, I pass the following directions:
(i) The transfer petition is allowed, by ordering -:5:- the transfer of O.P.No.1367/2022 from the Family Court, Attingal to the Family Court,
(ii) The parties would be at liberty to move the Family Court, Thiruvananthapuram and seek for the consolidation and joint trial of all the cases between them.
(iii) The Registry shall forthwith forward a copy of the order to the Family Court, Attingal with instructions to transmit the records in Annexure-A1 to the Family Court,
(iv) The Family Court, Thiruvananthapuram shall, immediately on receipt of the records in Annexure-A1, post the case along with M.C.No.143/2021. Sd/- C.S.DIAS,JUDGE
DST/04.01.23 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXUREA1 TRUE COPY OF OP 1367/2022,OF FAMILY COURT ,ATTINGAL RESPONDENT ANNEXURES: NIL