Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 30TH DAY OF JANUARY 2023 / 10TH MAGHA, 1944 TR.P(C) NO. 687 OF 2022 IN OP(HMA) 695/2021 OF FAMILY COURT, KATTAPPANA PETITIONER: ATHIRA AGED 30 YEARS D/O. KUNJUMON, PANAVELITHADATHIL HOUSE, MAKKAPUZHA KARA, CHETHEKKAL VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT-689 672 BY ADVS. PREMCHAND R.NAIR GEORGE BRISTON PREEJA V.P. V.P.PRASANTH ANUJA S. NAIR RESPONDENT: SANCHU AGED 37 YEARS S/O. K.D.RAVI, KIZHAKKEPARAMBIL HOUSE, MUNDAKKAYAM EAST KARA, KOKKAYAR VILLAGE, PEERUMEDU TALUK, IDUKKI DISTRICT-685 532 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 30th 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.(HMA)No.695/2021 (Annexure-A), from the Family Court, Kattappana to the Family Court, Pathanamthitta.
2. The petitioner’s case in brief, in the
memorandum of transfer petition is that, she is the wife of the respondent. Their marital relationship is strained. The petitioner has filed O.P.No.497/2022 (Annexure-B) before the Family Court, Pathanamthitta, against the respondent, for a decree for return of money and gold ornaments. The respondent is contesting Annexure-B before the said court. Therefore, no inconvenience would be caused to him, in Annexure-A being transferred. Hence, the transfer petition. -:3:-
3. Heard; Sri. Premchand. R Nair, 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 [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, particularly the fact that Annexure-B is already pending before the Family
Court, Pathanamthitta, 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-A, so that the cases can be consolidated and jointly tried, which would save judicial time and avoid conflict of decisions.
In the result,
(i) The transfer petition is allowed, by ordering the transfer of O.P.(HMA)No.695/2021 from the Family Court, Kattappana to the Family Court, Pathanamthitta.
(ii) The parties would be at liberty to move the Family Court, Pathanamthitta and seek for the consolidation and joint trial of all the cases -:5:- between them.
(iii) The Registry shall forthwith forward a copy of the order to the Family Court, Kattappana with instructions to transmit the records in Annexure-A to the Family Court, Pathanamthitta.
(iv) The Family Court, Pathanamthitta shall,
immediately on receipt of the records in Annexure-A, post the case along with Annexure-B. Sd/- C.S.DIAS,JUDGE DST/30.01.23 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE A A TRUE COPY OF THE OP NO.695 OF 2021 DATED 10.11.2021 FILED BEFORE THE EARNED FAMILY COURT, KATTAPPANA. ANNEXURE B TRUE COPY OF THE OP 497/2022 DATED 04.05.2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, PATHANAMTHITTA. RESPONDENT’S EXHIBITS: NIL