Greeshma vs Ajith

Greeshma vs AJITH

Type Court Judgment Court Kerala Decided Mar 27, 2023

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https://sooperkanoon.com/case/1407411

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Citation: sooperkanoon.com/1407411
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Mar 27, 2023
Case Number: Tr.P(C)/795/2022

Parties & Advocates

Appellant / Petitioner

Greeshma

Respondent

AJITH

Excerpt

.....sharavana karthik sha[2022(5) khc 185] and valsal nisha v. rajesh soman nair [2020(8) klr 475], that the convenience of the woman and children has to be given preference, while ordering the 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 annexure-a2 is already pending before the family court, attingal, and that the respondents are contesting the proceeding tr.p(c) no. 795 of 2022 4before the said court, 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-a1, so that the cases can be consolidated and jointly tried, which would save the precious judicial time, avoid conflict of decisions and multiplicity of proceedings. in the result, i allow the transfer petition as follows:(i) o.p.no.355/2022 is transferred from the family court, chavara, to the family court, attingal.(ii) the parties will be at liberty to move the family court, attingal, and seek for the consolidation and joint trial of all the cases between them.(iii) the registry shall forward a copy of this orderto the family court, chavara with instructions to forthwith transmit the records in annexure-a1 to the family court, attingal.(iv) the family court, attingal shall, immediately onreceipt of the records in annexure-a1, post the case along with annexure-a2. sd/- c.s.dias, judge okb/27.3 //true copy// p.s. to judge tr.p(c) no. 795 of 2022 5 appendix of tr.p(c) 795/2022 petitioner annexures annexure a1 the true copy of the petition in o.p. no filed o.p. (h.m.a.) 355/2022 of the family court, chavara annexure a2 the true copy of the petition in o.p. (h.m.a) no. 1033/2022 of the family court, attinngal

Full Judgment

TR.P(C) NO. 795 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 27TH DAY OF MARCH 2023 / 6TH CHAITHRA, 1945 TR.P(C) NO. 795 OF 2022 OPHMA 355/2022 OF FAMILY COURT, CHAVARA PETITIONER/S: GREESHMA AGED 26 YEARS D/O REKHA, RESIDING AT CHITHIRA, AVANAVANCHERY, AVANAVANCHERY P.O., ATTINGAL, THIRUVANANTHAPURAM, PIN - BY ADVS. R.N.SANDEEP KEERTHI VIJAYAN RESPONDENT/S: 1 AJITH AGED 28 YEARS S/O SURENDRANPILLAI, RESIDING AT KOPPARA THEKKATHIL VEETTIL, PAVUMBA NORTH, PAVUMBA P.O., KOLLAM, PIN - 2 THARAKUMARI W/O SURENDRANPILLAI, RESIDING AT KOPPARA THEKKATHIL VEETTIL, PAVUMBA NORTH, PAVUMBA P.O., KOLLAM, PIN - THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 795 OF 2022 2

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.355/2022 (Annexure-A1), from the Family Court, Chavara to the Family Court, Attingal.

2. The petitioner’s case, in brief, in the

memorandum of transfer petition is that, she is the wife of the 1st respondent. The 2nd respondent is the mother of the 1st respondent. The marital relationship is strained. The 1st respondent has refused to maintain the petitioner. The petitioner has filed O.P. (HMA)No.1033/2022 (Annexure-A2) before the Family Court, Attingal, against the respondents, for a decree for recovery of money and other ancillary reliefs. The respondents are contesting Annexure-A2 before the Family Court, Attingal. Therefore, no inconvenience would be caused to the respondents in Annexure-A1 being transferred. Hence, the transfer petition.

3. Heard; Sri. R.N.Sandeep, the learned counsel appearing for the petitioner. Even though notice has TR.P(C) NO. 795 OF 2022 3 been served on the respondents, there is no appearance for them.

4. It is well settled in a catena of decisions 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], that the convenience of the woman and children has to be given preference, 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 and the totality of the facts and circumstances of the case, particularly the fact that Annexure-A2 is already pending before the Family Court, Attingal, and that the respondents are contesting the proceeding TR.P(C) NO. 795 OF 2022 4

before the said court, 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-A1, so that the cases can be consolidated and jointly tried, which would save the precious judicial time, avoid conflict of decisions and multiplicity of proceedings. In the result, I allow the transfer petition as follows:

(i) O.P.No.355/2022 is transferred from the Family Court, Chavara, to the Family Court, Attingal.

(ii) The parties will be at liberty to move the Family Court, Attingal, and seek for the consolidation and joint trial of all the cases between them.

(iii) The Registry shall forward a copy of this order

to the Family Court, Chavara with instructions to forthwith transmit the records in Annexure-A1 to the Family Court, Attingal.

(iv) The Family Court, Attingal shall, immediately on

receipt of the records in Annexure-A1, post the case along with Annexure-A2. Sd/- C.S.DIAS, JUDGE okb/27.3 //True copy// P.S. to Judge TR.P(C) NO. 795 OF 2022 5 APPENDIX OF TR.P(C) 795/2022 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE PETITION IN O.P. NO FILED O.P. (H.M.A.) 355/2022 OF THE FAMILY COURT, CHAVARA Annexure A2 THE TRUE COPY OF THE PETITION IN O.P. (H.M.A) NO. 1033/2022 OF THE FAMILY COURT, ATTINNGAL

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