Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944 TR.P(C) NO. 702 OF 2022 IN OP 610/2022 OF FAMILY COURT, OTTAPPALAM PETITIONER: SABITHA AGED 35 YEARS D/O. LATE SUBRAMANYAN, VADAKKEPURAKKAL HOUSE, TIRURANGADI P.O., KARIPARAMBA, MALAPPURAM DISTRICT, PIN - 676306 BY ADV K.P.SUDHEER RESPONDENT: UDAYACHANDRAN, AGED 44 YEARS, KUNNATH HOUSE, NATYAMANGALAM, CHOONDAMBATTA, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679337 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 11th 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.610/2022 (Annexure-A1), from the Family Court, Ottapalam to the Family Court, Tirur.
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 petitioner is residing in her parental home in Malappuram. It would be difficult for her to travel from her parental home to the Family Court, Ottapalam, to contest Annexure-A1. On a comparison of the relative hardship between the parties, due weightage and preference has to be given to the
petitioner. Hence, the transfer petition. -:3:-
3. Heard; Sri. K.P. Sudheer, 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, the totality of the facts and circumstances of the case, particularly the fact that the petitioner is a young lady and she is residing in her parental home at Malappuram, 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.
In the result, I pass the following directions:
(i) The transfer petition is allowed, by ordering the transfer of O.P.No.610/2022 from the Family Court, Ottapalam to the Family Court, Tirur.
(ii) The Registry shall forthwith forward a copy of the order to the Family Court, Ottapalam with instructions to transmit the records in Annexure-A1 to the Family Court, Tirur.
(iii) The Family Court, Tirur shall, immediately on
-:5:- receipt of the records in Annexure-A1, issue notice to the parties for their appearance. Sd/- C.S.DIAS,JUDGE DST/11.01.23 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF ORIGINAL PETITION DATED 4.8.2022 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, OTTAPALAM AND NUMBERED AS O.P. NO. 610 OF 2022. RESPONDENT ANNEXURES: NIL