Mayamol vs Vinod

Mayamol vs VINOD

Type Court Judgment Court Kerala Decided Mar 01, 2023

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https://sooperkanoon.com/case/1405097

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Citation: sooperkanoon.com/1405097
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Mar 01, 2023
Case Number: Tr.P(C)/774/2022

Parties & Advocates

Appellant / Petitioner

Mayamol

Respondent

VINOD

Excerpt

.....v. rajesh soman nair [2020(8) klr 475]. the hon'ble supreme court has held that it is the convenience of the woman andchildren 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-citeddecisions, the uncontroverted pleadings and materials on record and the totality of the facts and circumstances of the case, particularly the fact that the petitioner and thetwo children are permanently residing within the jurisdiction of the family court, alappuzha and m.c.no.4/2022 is pending before the jurisdictionalmagistrate court at cherthala, i am inclined to exercise the discretionary powers of this court under section 24 of the c.p.c. in favour of the petitioner. in the result, i allow the transfer petition as follows:(i) o.p.no.911/2019 is transferred from the family court, palakkad to the family court, alappuzha.(ii) the registry shall forthwith forward a copy of the order to the family court, palakkad with instructions to transmit the records in annexure-2 to the family court, alappuzha.(iii) the family court, alappuzha shall, immediately-:5:- on receipt of the records in annexure-2, issue notice to the parties for their appearance. sd/- c.s.dias,judge dst/01.03.23 //true copy/ p.a.to judge -:6:- appendix petitioner annexures annexure1 true copy of the marriage certificate dated thaneermugham grama panchayat annexure2 true copy of the petition in op 911/2019 before the family court, palakkad posted on annexure3 true copy of the discharge summary dated hospital annexure4 true copy of the fir 0026/2022 dated station, palakkad annexure5 true copy of the orders dated 04/08/2022 passed by jfcm cherthala in cmp no.1769/2022 in m.c. no.4/2022 respondents’ exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 TR.P(C) NO. 774 OF 2022 IN OP 911/2019 OF FAMILY COURT, PALAKKAD PETITIONER: MAYAMOL AGED 37 YEARS MAYAMOL, D/O NATESAN, KUNNEL VEEDU, VARANADU P.O. CHERTHALA, ALAPPUZHA DISTRICT, KERALA - 688543, PIN - 688543 BY ADV MARIAN G.M.THARAKAN RESPONDENTS: 1 VINOD AGED 39 YEARS
1. VINOD 39 YRS. S/O ARUMUGAN. MANGADATHU KULAMBU VEEDU, PERUVEMBU P.O. PALAKKAD, KERALA - 678531, PIN - 678531 2 JAYADEVAN @ JAYAN
2. JAYADEVAN @ JAYAN, S/O MADHAVAN THOTTUMPULLY, THENARI PARA PALAKKAD, KERALA - 678622, BY ADV P.A.JENZIA THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 1st 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.No.911/2019 (Annexure-2), from the Family Court, Palakkad to the Family Court, Alappuzha.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of

the first respondent. The second respondent is the co- respondent in Annexure-2 petition. There are two children born in their wedlock between the petitioner and the first respondent. The petitioner and the children are residing in her parental home in Alappuzha. The first respondent has treated the petitioner with matrimonial cruelty. The petitioner has filed M.C.No.4/2022 before the Judicial First Class Magistrate Court, Cherthala, against the first respondent, invoking the provisions of the Protection of Women from Domestic Violence Act, 2005. The first respondent is contesting the proceedings before the said -:3:- court. Therefore, no inconvenience would be caused to the first respondent, in Annexure-2 being transferred. Hence, the transfer petition.

3. Heard; Smt. Marian G.M. Tharakan, the learned counsel appearing for the petitioner and Smt.P.A.Jenzia, the learned counsel appearing for the first respondent.

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 uncontroverted pleadings and materials on record and the totality of the facts and circumstances of the case, particularly the fact that the petitioner and the

two     children           are     permanently        residing    within   the
jurisdiction          of     the    Family        Court,    Alappuzha      and
M.C.No.4/2022               is   pending         before    the   jurisdictional

Magistrate Court at Cherthala, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. in favour of the petitioner. In the result, I allow the transfer petition as follows:

(i) O.P.No.911/2019 is transferred from the Family Court, Palakkad to the Family Court, Alappuzha.

(ii) The Registry shall forthwith forward a copy of the order to the Family Court, Palakkad with instructions to transmit the records in Annexure-2 to the Family Court, Alappuzha.

(iii) The Family Court, Alappuzha shall, immediately

-:5:- on receipt of the records in Annexure-2, issue notice to the parties for their appearance. Sd/- C.S.DIAS,JUDGE DST/01.03.23 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED THANEERMUGHAM GRAMA PANCHAYAT ANNEXURE2 TRUE COPY OF THE PETITION IN OP 911/2019 BEFORE THE FAMILY COURT, PALAKKAD POSTED ON ANNEXURE3 TRUE COPY OF THE DISCHARGE SUMMARY DATED HOSPITAL ANNEXURE4 TRUE COPY OF THE FIR 0026/2022 DATED STATION, PALAKKAD ANNEXURE5 TRUE COPY OF THE ORDERS DATED 04/08/2022 PASSED BY JFCM CHERTHALA IN CMP NO.1769/2022 IN M.C. NO.4/2022 RESPONDENTS’ EXHIBITS: NIL

Same Court & Year Kerala · 2023 Same Parties Mayamol vs VINOD Same Judge Honourable Mr.Justice C.S.Dias