Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944 TR.P(C) NO. 786 OF 2022 IN OP 847/2022 OF FAMILY COURT, KANNUR PETITIONER: JOLLY JOHN AGED 38 YEARS D/O. JOHN, ILLICHIRA HOUSE, MANGALAGIRI, TEEKOY P.O., MEENACHIL TALUK, KOTTAYAM DISTRICT - 686 580 BY ADVS. GEORGE MATHEW M.D.SASIKUMARAN SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. STEPHY K REGI ADARSH KURIAN RESPONDENT: ANISH GEORGE AGED 44 YEARS , S/O GEORGE , KOROTH HOUSE , EDAVARAMBU P.O., PONPUZHA, TALIPARAMPU TALUK, KANNUR DISTRICT - 670 511., PIN - 670511 BY ADV BENNY VARGHESE VARGHESE THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 10th day of February, 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.847/2022 (Annexure-A2), from the Family Court, Kannur to the Family Court, Pala.
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 child born in their
wedlock. Their marital relationship is strained. The petitioner has filed O.P.No.385/2022 (Annexure-A1) and M.C.No.43/2022 before the Family Court, Pala, against the respondent, for a decree for restitution of conjugal rights and an order of maintenance for herself and the child. The respondent is contesting the above two proceedings before the Family Court, Pala. Therefore, -:3:- no inconvenience would be caused to him, in Annexure-A2 being transferred. Hence, the transfer petition.
3. Heard; Sri. George Mathew, the learned counsel appearing for the petitioner and Sri. Benny Varghese, the learned counsel appearing for the 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 -:4:- [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.
5. In the light of the law laid down in the
afore-cited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that M.C.No.43/2022 & O.P.No.385/2022 are already
pending before the Family Court, Pala 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 Annexure-A2, so that the cases can be consolidated and jointly tried, which would save judicial time and avoid conflict of decisions.
In the result,
(i) The transfer petition is allowed, by ordering -:5:- the transfer of O.P.No.847/2022 from the Family Court, Kannur to the Family Court, Pala.
(ii) The parties would be at liberty to move the Family Court, Pala 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, Kannur with instructions to transmit the records in Annexure-A2 to the Family Court, Pala.
(iv) The Family Court, Pala shall, immediately on
receipt of the records in Annexure-A2, post the case along with M.C.No.43/2022 & O.P.No.385/2022. Sd/- C.S.DIAS,JUDGE DST/10.02.23 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF PETITION DTD. 03.06.2022 IN O.P NO. 385 OF 2022 OF FAMILY COURT, PALA ANNEXURE A2 TRUE COPY OF PETITION DTD. 10.06.2022 IN O.P. NO. 847 OF 2022 OF FAMILY COURT, KANNUR RESPONDENT’S EXHIBITS : NIL