Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944 TR.P(C) NO. 669 OF 2022 IN OP 1192/2021 OF FAMILY COURT, NEDUMANGAD PETITIONER: MINI. R AGED 45 YEARS W/O SREEKUMAR, SREEPATHAM, KRA 2B, KERALA NAGAR, NETTAYAM P.O., THIRUVANANTHAPURAM - 695013, MENTALLY UNSOUND PERSON, HENCE REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, P. RAJENDRAN NAIR, ARCHANA, KOTTAKKIPPURAM, KLAPPANA P.O., KARUNAGAPPALLY, KOLLAM, PIN - 695013 BY ADVS. LATHEESH SEBASTIAN SHAILA RANI S.B. RESPONDENT: V.S.SREEKUMAR S/O SANKARA PILLAI, SREEPATHAM, KRA 2B, KERALA NAGAR, NETTAYAM P.O.THIRUVANANTHAPURAM , PRESENTLY WORKING AS ARTIST-CUM-PHOTOGRAPHER AND TECHNICAL OFFICER, CTCRI, GOVERNMENT OF INDIA, SREEKARYAM P.O. THIRUVANANTHAPURAM, PIN - 695017 BY ADV Jani A THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 18th 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.1192/2021 (Annexure-1), from the Family Court, Nedumangad to the Family Court, Chavara.
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 petitioner is suffering from mental illness. Pursuant to Annexure-2 order passed by this Court in W.P. (C.) No. 13841 of 2022, the petitioner was referred to the District Medical Officer, Thiruvananthapuram, to assess her mental condition. She was continuing treatment in the Mental Health Hospital, Peroorkkada. Now, petitioner is residing with her parents in Klappana in Kollam District. The child is -:3:- also residing with the petitioner and is studying in a nearby school. It is impossible for the petitioner to travel from her parental home at Klappana to Nedumangad to contest Annexure-1. Hence, the transfer petition.
3. Heard; Sri.Latheesh Sebastian, the learned counsel appearing for the petitioner and Sri. A. Jani(Kollam), 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. -:4:- 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 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 the petitioner and the minor daughter are residing within the jurisdiction of the Family Court, Chavara, and this Court by its order in Tr.P.(C)No.417/2022 has already transferred a connected case between the parties from the Family Court, Nedumangad, to Family Court, Chavara, I am inclined to allow the transfer petition.
In the result, I allow the transfer petition as follows:- -:5:-
(i) O.P No.1192/2021 is transferred from the Family Court, Nedumangad to the Family Court, Chavara.
(ii) The Registry shall forward a copy of this
order to the Family Court, Nedumangad with
instructions to forthwith transmit the records in Annexure-1 to the Family Court, Chavara.
(iii) The Family Court, Chavara shall, immediately
on the receipt of the records in Annexure-1, post the case along with the connected matter. Sd/- C.S.DIAS,JUDGE DST/18.01.23 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE1 TRUE COPY OF THE PETITION IN O.P.NO.1192/2021 OF FAMILY COURT, NEDUMANGAD ANNEXURE2 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 12.04.2022 IN W.P.(C) NO.13841/2022 ANNEXURE3 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN TR,P(C) NO.417/2022 DATED 14.07.2022 RESPONDENT ANNEXURES: NIL