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. 720 OF 2022 IN OPHMA 1014/2021 OF FAMILY COURT, MAVELIKKARA PETITIONER: CHITHRA M R AGED 30 YEARS D/O MOHANAN PILLAI, KURUMBOLIL THEKKETHIL (H), KLLAPANA, VARAVILLA P.O., KARUNAGAPALLY TALUK, OCHIRA VILLAGE, KOLLAM DISTRICT, PIN - 690528 BY ADVS. AISWARYA E J VETTIKOMPIL VIJAY SANKAR V.H. CHRISTINE MATHEW RESPONDENT: SANDEEP KUMAR S/O SOMANATH KURUPU, VALIYAVEETILL (H), NJAKKANAL P.O, KRISHNAPURAM VILLAGE, KARTHIKAPALLY TALUK ALAPUZHA DISTRICT, PIN - 690533 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.(HMA)No.1014/2021 (Annexure-A), from the Family Court, Mavelikkara 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. The martial relationship is strained. They have a daughter born in the wedlock. The respondent has refused to maintain the petitioner
and the child. She has filed M.C.No.121/2021 before the Family Court, Chavara, against the respondent, for an order maintenance for herself and the child. The respondent is contesting M.C.No.121/2021 before the said court. Therefore, no inconvenience would be caused to him, in Annexure-A being transferred. Hence, -:3:- the transfer petition.
3. Heard; Smt.Aiswarya E J Vettikompil, 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
-:4:- 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 totality of the facts and circumstances of the case, particularly the fact that M.C.No.121/2021 is pending before the Family Court,
Chavara and the respondent is contesting the proceedings there, 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 pass the following directions:
(i) The transfer petition is allowed, by ordering the transfer of O.P.(HMA)No.1014/2021 from the Family Court, Mavelikkara to the Family Court, Chavara. -:5:-
(ii) The parties would be at liberty to move the Family Court, Chavara 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, Mavelikkara with instructions to transmit the records in Annexure-A to the Family Court, Chavara.
(iv) The Family Court, Chavara shall, immediately
on receipt of the records in Annexure-A, post the case along with M.C.No.121/2021. Sd/- C.S.DIAS,JUDGE DST/04.01.23 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE A A TRUE COPY OF OP(HMA) NO. 1014/2021 OF FAMILY COURT MAVELIKARA ANNEXURE B NOTICE ISSUED FROM FAMILY COURT MAVELIKARA TO THE PETITIONER FOR THE APPEARANCE, RESPONDENT ANNEXURES: NIL