Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945 TR.P(C) NO. 731 OF 2022 IN OPHMA 535/2022 OF FAMILY COURT,TRIVANDRUM PETITIONER/S: SAPNA AGED 28 YEARS D/O.MOHAN BABU , SADGAMAYA, T.T.81, VENGOOR` ANGAMALY P.O. KERALA. PIN:683572., PIN - 683572 BY ADV M.G.JEEVAN RESPONDENT/S: ANUB PREM AGED 33 YEARS S/O. K.PARAMESWARAN NAIR, GOKULAM` T.C.91/867 , KARIKAKAN P.O., PIN:695021, THIRUVANATHAPURAM., PIN - BY ADV P.N.MOHANAN THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2: Dated this the 24th day of March, 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.535/2022 (Annexure-2) from the Family Court, Thiruvananthapuram to the Family Court, Ernakulam.
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 respondent has refused to maintain the
petitioner. The petitioner is residing in her parental home in Angamaly. The petitioner has filed M.C.No.282/2022(Annexure-4) before the Family Court, Ernakulam. The respondent is contesting Annexure-4 before the said court. Therefor, no
inconvenience would be caused to the respondent, in :3: Annexure-2 being transferred. Hence, the transfer petition.
3. Heard; Sri. M.G.Jeevan, the learned counsel appearing for the petitioner and Sri.P.N. Mohanan, the learned counsel appearing for the respondent.
4. Sri. M.G. Jeevan submitted that as the Family Court is being established at Aluva and the petitioner is residing in Angamaly, it would be just and convenient to both sides, if Annexure-2 is transferred to the Family Court at Aluva. Moreover, Annexure-4 could naturally be transferred to the said court, once it is established.
5. 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)], :4: 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 transfer of a case from one Court to another.
6. In the light of the law laid down in the afore-cited decisions, the uncontroverted pleadings
and materials on record and the totality of the facts
and circumstances of the case, particularly the fact the petitioner is a young lady and Annexure-4 is already pending before the Family Court, Ernakulam, I am inclined to exercise the discretionary powers of this :5: Court under Section 24 of the C.P.C. and order the transfer of Annexure-2, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions. In the result, I allow the transfer petition as follows:
(i) O.P.(HMA)No.535/2022 is transferred from the Family Court, Thiruvananthapuram to the Family Court, Aluva.
(ii) The parties would be at liberty to move the Family Court, Aluva and seek for consolidation and joint trial of all the cases between them.
(iii) The respondent would be at liberty to move the Family Court, Aluva and seek for dispensation of his personal appearance on all posting dates.
(iv) The Registry shall forthwith forward a copy of the order to the Family Court, :6: Thiruvananthapuram with instructions to transmit the records in Annexure-2 to the Family Court, Aluva.
(v) The Family Court, Aluva shall, immediately on receipt of the records in Annexure-2, post the case along with M.C.No.282/2022, once it is transferred to the said court.
Sd/- C.S.DIAS,JUDGE DST/24.03.2023 //True copy/ P.A.To Judge :7: APPENDIX ANNEXURE 1 TRUE PHOTO COPY OF MARRIAGE CERTIFICATE DT.24.1.2021 ISSUED FROM DEVI VILASAM NSS KARAYOGAM, VENGOOR NO:1415 ANNEXURE 2 TRUE PHOTO COPY `OF O.P.(HMA) 535/2022 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM ANNEXURE 3 NOTICE RECEIVED FROM FAMILY COURT THIRUVANANTHPURAM IN OP(HMA) 535/2022 ANNEXURE 4 TRUE PHOTO COPY OF M.C.282/2022 ON THE FILE OF FAMILY COURT,ERNAKULAM RESPONDENTS’ EXHIBITS: NIL