Prathibha Devi. B vs Jayakumar. G

Type Court Judgment Court Kerala Decided Feb 28, 2023

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Citation: sooperkanoon.com/1410456
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Feb 28, 2023
Case Number: Tr.P(C)/820/2022

Parties & Advocates

Appellant / Petitioner

Prathibha Devi. B

Respondent

Jayakumar. G

Excerpt

.....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 tr.p(c) no. 820 of 2022 4 of the case, particularly the fact annexure-b is already pending before the family court, mavelikkara, and the respondent is contesting the proceeding before the said court, i am inclined to exercise the discretionary powers of this court under section 24 of the code and order the transfer of annexure-a, 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.no.36/2019 is transferred from the family court, pathanamthitta, to the family court, mavelikkara.(ii) the parties will be at liberty to move the family court, mavelikkara 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, pathanamthitta with instructions to forthwith transmit the records in annexure-a to the family court, mavelikkara.(iv) the family court, mavelikkara shall, immediatelytr.p(c) no. 820 of 2022 5 on receipt of the records in annexure-a, post the case along with annexure-b. sd/- c.s.dias, judge okb/28.2.23 //true copy// p.s. to judge tr.p(c) no. 820 of 2022 6 appendix of tr.p(c) 820/2022 petitioner annexures annexurea true copy of o.p 36/2019 filed by the respondent before the hon'ble family court, pathanamthitta annexure- b true copy of o.p no. 1419/2022 filed by petitioner before the hon'ble family court, mavelikara

Full Judgment

TR.P(C) NO. 820 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 TR.P(C) NO. 820 OF 2022 OP 36/2019 OF FAMILY COURT, PATHANAMTHITTA PETITIONER/S: PRATHIBHA DEVI. B AGED 37 YEARS D/O SARASAMMA MAVILAYIL HOUSE PAZHAKULAM P.O. PERINGANADU VILLAGE ADOOR TALUK PATHANAMTHITTA DISTRICT - 691 523, PIN - 691523 BY ADVS. S.SHANAVAS KHAN S.INDU RESPONDENT/S: JAYAKUMAR. G AGED 45 YEARS S/O GOPI CHANGOORVILAYIL HOUSE KANNANAKUZHI P.O. THAMARAKKULAM VILLAGE MAVELIKARA TALUK ALAPPUZHA DISTRICT - 690 505, PIN - 690505 BY ADVS. NOBEL RAJU C.R.JAYAKUMAR(K/000390/1995) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 820 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.36/2019 (Annexure-A), from the Family Court, Pathanamthitta, to the Family Court, Mavelikkara.

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 seven year old child born in the wedlock. The petitioner and the child are residing within the jurisdiction of the Family Court, Mavelikkara. The respondent is also residing within the jurisdiction of the said court. The petitioner is presently employed in a school in Adoor. The petitioner has filed O.P.No.1419/2022 (Annexure-B), against the respondent, before the Family Court, Mavelikkara. The respondent is contesting the proceeding before the said court. Therefore, no inconvenience would be caused to the respondent in Annexure-A being transferred. TR.P(C) NO. 820 OF 2022 3 Hence, the transfer petition.

3. Heard; Sri. S.Shanavas Khan, the learned counsel appearing for the petitioner and Sri.Nobel Raju, the learned counsel appearing for the respondent.

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 TR.P(C) NO. 820 OF 2022 4 of the case, particularly the fact Annexure-B is already pending before the Family Court, Mavelikkara, and the respondent is contesting the proceeding before the said court, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code and order the transfer of Annexure-A, 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.No.36/2019 is transferred from the Family Court, Pathanamthitta, to the Family Court, Mavelikkara.

(ii) The parties will be at liberty to move the Family Court, Mavelikkara 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, Pathanamthitta with instructions to forthwith transmit the records in Annexure-A to the Family Court, Mavelikkara.

(iv) The Family Court, Mavelikkara shall, immediately

TR.P(C) NO. 820 OF 2022 5 on receipt of the records in Annexure-A, post the case along with Annexure-B. Sd/- C.S.DIAS, JUDGE okb/28.2.23 //True copy// P.S. to Judge TR.P(C) NO. 820 OF 2022 6 APPENDIX OF TR.P(C) 820/2022 PETITIONER ANNEXURES AnnexureA TRUE COPY OF O.P 36/2019 FILED BY THE RESPONDENT BEFORE THE HON'BLE FAMILY COURT, PATHANAMTHITTA Annexure- B TRUE COPY OF O.P NO. 1419/2022 FILED BY PETITIONER BEFORE THE HON'BLE FAMILY COURT, MAVELIKARA

Same Court & Year Kerala · 2023 Same Parties Prathibha Devi. B vs Jayakumar. G Same Judge Honourable Mr.Justice C.S.Dias