,Bindu vs Rameshkumar.R.,

,BINDU vs Rameshkumar.R.,

Type Court Judgment Court Kerala Decided Jan 04, 2023

~4 min read

https://sooperkanoon.com/case/1396575

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1396575
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jan 04, 2023
Case Number: Tr.P(C)/666/2022

Parties & Advocates

Appellant / Petitioner

,BINDU

Respondent

Rameshkumar.R.,

Excerpt

.....[2020(8) klr 475]. the hon'ble supreme court hasheld that it is the convenience of the woman andchildren that has to be looked into, while ordering the -:4:- transfer of a case from one court to another.5. in the light of the law laid down in theafore-cited decisions, the totality of the facts and circumstances of the case, particularly the fact that annexure-a1 is already pending before the family court, thrissur 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-a3, 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 the transfer of o.p.no.728/2021 from the family court, palakkad to the family court,(ii) the parties would be at liberty to move the -:5:- family court, thrissur, 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, palakkad with instructions to transmit the records in annexure-a3 to the family court, thrissur.(iv) the family court, thrissur shall, immediatelyon receipt of the records in annexure-a3, post the case along with annexure-a1. sd/- c.s.dias,judge dst/04.01.23 //true copy/ p.a.to judge -:6:- appendix petitioner annexures annexure a1 a true copy of the maintenance umbered as m.c. 121/2021 and filed under 06 25(1) of cr.p.c. dated 10.03.2021 before family court act, thrissur.annexure a2 a true copy of the unnumbered m.c. 121/2021 dated 10.03.2021 filed family court, annexure a3 a true copy of the petition numbered aso.p. no. 728/2021 dated 19.07.2021 filed before the honble family court, palakkad. respondent annexures: nil

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. 666 OF 2022 IN OP 728/2021 OF FAMILY COURT, PALAKKAD PETITIONER/RESPONDENT: BINDU AGED 43 YEARS D/O. SANKUNNI @ SANKU.P.S. (LATE) PADINJARE PERUMPILLISSERY HOUSE, PO- CHERPU THRISSUR DISTRICT - 680581 BY ADVS. SUMODH MADHAVAN NAIR T.A.PRAKASH RESPONDENT/PETITIONER: RAMESHKUMAR.R., AGED 44 YEARS S/O. RAJAN ASSARI(LATE) KUNNATH HOUSE, PALLANCHATHANOOR P.O., MATHUR VILLAGE, PALAKKAD DISTRICT - 678571. BY ADV AUGUSTUS BINU 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.728/2021 (Annexure-A3), from the Family Court, Palakkad, 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. The marital relationship is strained. The respondent has refused to maintain the petitioner. The petitioner has filed M.C.No.121/2021 (Annexure-A1) before the Family Court, Thrissur, against the respondent for an order of maintenance. The respondent is contesting Annexure-A1 before the said court. Therefore, no inconvenience would be caused to him, in Annexure-A3 being transferred. Hence, the transfer petition. -:3:-

3. Heard; Sri. Sumodh Madhavan Nair, the learned counsel appearing for the petitioner and Sri.Augustus Binu, 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 [(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]. 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 -:4:- 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 Annexure-A1 is already pending before the Family Court, Thrissur 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-A3, 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 the transfer of O.P.No.728/2021 from the Family Court, Palakkad to the Family Court,

(ii) The parties would be at liberty to move the -:5:- Family Court, Thrissur, 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, Palakkad with instructions to transmit the records in Annexure-A3 to the Family Court, Thrissur.

(iv) The Family Court, Thrissur shall, immediately

on receipt of the records in Annexure-A3, post the case along with Annexure-A1. Sd/- C.S.DIAS,JUDGE DST/04.01.23 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE MAINTENANCE UMBERED AS M.C. 121/2021 AND FILED UNDER 06 25(1) OF CR.P.C. DATED 10.03.2021 BEFORE FAMILY COURT ACT, THRISSUR.

ANNEXURE A2           A TRUE COPY OF THE UNNUMBERED M.C. 121/2021
                      DATED   10.03.2021  FILED   FAMILY   COURT,
ANNEXURE A3           A TRUE COPY OF THE PETITION NUMBERED AS

O.P. NO. 728/2021 DATED 19.07.2021 FILED BEFORE THE HONBLE FAMILY COURT, PALAKKAD. RESPONDENT ANNEXURES: NIL

Same Court & Year Kerala · 2023 Same Parties ,BINDU vs Rameshkumar.R., Same Judge Honourable Mr.Justice C.S.Dias