Full Judgment
TR.P(C) NO. 4 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 TR.P(C) NO. 4 OF 2022 OPDIV 754/2021 OF FAMILY COURT, MUVATTUPUZHA PETITIONER/RESPONDENT: VINAYA JACKSON AGED 33 YEARS D/O.JACKSON, PANACHIKKAL HOUSE, DEVI NAGAR, POONKUNNAM P.O., THRISSUR - 680 002. BY ADV K.I.SAGEER RESPONDENT/PETITIONER: VINOD @ GEORGE AGED 36 YEARS S/O ANTONY, KANNACHAMURI, KUNJITHAI P.O, PARAVUR, ERNAKULAM DISTRICT NOW RESIDING AT JUNAID VILLA HOUSE, MARKET P.O, VELLURKUNNAM VILLAGE, EAST KADATHY, MOOVATTUPUZHA ERNAKULAM- 686673 BY ADV N.S.HASNA MOL THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 4 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(Div) No.754/2021 (Annexure-A1), from the Family Court, Muvattupuzha to the Family Court, Thrissur.
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 son born in the wedlock. The marital relationship is strained. The petitioner and the child are residing in her parental home in Thrissur, within the jurisdiction of the Family Court, Thrissur. On a comparison of the relative hardship, due preference and weightage may be given to the petitioner and her son. Hence, the transfer petition.
3. Heard; Sri. K.I. Sageer Ibrahim, the learned counsel appearing for the petitioner and Smt.N.S. Hasnamol, the learned counsel appearing for the respondent. TR.P(C) NO. 4 OF 2022 3
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. On a consideration of the pleadings and
materials on record, the totality of the facts and circumstances of the cases, the law laid down in the above cited decisions, particularly the fact that the petitioner, who is a young lady, and her minor son are residing in Thrissur, within the jurisdiction of the Family Court, Thrissur, I am inclined to exercise the discretionary powers of this Court under Section 24 of
TR.P(C) NO. 4 OF 2022 4 the Code and order the transfer of Annexure-A1 to the Family Court, Thrissur. In the result, I allow the transfer petition as follows:
(i) O.P(Div) No.754/2021 is transferred from the Family Court, Muvattupuzha, to the Family Court, Thrissur.
(ii) The Registry shall forward a copy of this order to the Family Court, Muvattupuzha, with instructions to forthwith transmit the records in Annexure-A1 to the Family Court, Thrissur.
(iii) The Family Court, Thrissur shall, immediately on
receipt of the records in Annexure-A1, issue notice to the parties for their appearance. Sd/- C.S.DIAS, JUDGE okb/31.1.2023 //True copy// P.S. to Judge TR.P(C) NO. 4 OF 2022 5 APPENDIX OF TR.P(C) 4/2022 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE PETITION, O.P.(DIV) NO.754/2021 ON THE FILE OF THE HON'BLE FAMILY COURT, MOOVATTUPUZHA DT. 21/10/2021.