Sreeja vs Hari Krishnan.B

Type Court Judgment Court Kerala Decided Jan 18, 2023

~4 min read

https://sooperkanoon.com/case/1410742

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1410742
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jan 18, 2023
Case Number: Tr.P(C)/825/2022

Parties & Advocates

Appellant / Petitioner

Sreeja

Respondent

Hari Krishnan.B

Excerpt

.....[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 tr.p(c) no. 825 of 2022 4on record and the totality of the facts and circumstances of the case, particularly the fact that annexures-2 and 3 are already pending before the family court, thrissur, and that the respondent is contesting the proceedings 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-1, 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.(div) no.296/2022 is transferred from the family court, pala, to the family court, thrissur.(ii) the parties will be at liberty to move the family court, thrissur 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, pala, with instructions to forthwith transmit the records in annexure-1 to the family court, thrissur. tr.p(c) no. 825 of 2022 5(iv) the family court, thrissur shall, immediately onreceipt of the records in annexure-1, post the case along with annexures-2 and 3. sd/- c.s.dias, judge okb/19.1.2023 //true copy// p.s. to judge tr.p(c) no. 825 of 2022 6 appendix of tr.p(c) 825/2022 petitioner annexures annexure i a true copy of the o p (div) no 296 of 2022 on the file of the family court, pala, dated 25.4.2022. annexure ii a true copy of o p 2982 of 2022 before the family court, thrissur dated 19.10.2022. annexure iii a true copy of m c no 610 of 2022 before the family court, thrissur dated 6.9.2022.

Full Judgment

TR.P(C) NO. 825 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944 TR.P(C) NO. 825 OF 2022 OPDIV 296/2022 OF FAMILY COURT, PALA PETITIONER/RESPONDENT: SREEJA AGED 32 YEARS D/O HARIDAS C V, RESIDING IN THE ADDRESS CHATHAKUDATHU WARRIAM, VALLACHIRA, THRISSUR DISTRICT , PIN - 680562 BY ADV G.SREEKUMAR (CHELUR) RESPONDENT/S: HARI KRISHNAN.B AGED 34 YEARS S/O BALAKRSIHNA WARRIER, RESIDING AT 313, AMBADI HOUSE, MANJAPILLY KUNNU, PONKUNNAM, CHIRAKKAKADAVU VILLAGE KANJIRAPALLY TALUK, KOTTAYAM DISTRICT , PIN - 686506 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P(C) NO. 825 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.(Div) No.296/2022 (Annexure-1) from the Family Court, Pala, to the Family Court, Thrissur.

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

memorandum of transfer petition, is that, she is the wife of the respondent. They have two children born in the wedlock. The marital relationship is strained. The petitioner and the children are residing in the petitioner’s parental home in Thrissur. The petitioner has filed O.P.No.2982/2022 (Annexure-2) and M.C.No.610/2022 (Annexure-3) before the Family Court, Thrissur, against the respondent, seeking a decree for return of gold ornaments and money, and an order of maintenance respectively. The respondent is contesting Annexures-2 and 3 before the Family Court, Thrissur. Therefore, no inconvenience would be caused to the respondent in Annexure-1 being transferred. Hence,

TR.P(C) NO. 825 OF 2022 3 the transfer petition.

3. Heard; Sri.G. Sreekumar Chelur, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.

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 TR.P(C) NO. 825 OF 2022 4

on record and the totality of the facts and circumstances of the case, particularly the fact that Annexures-2 and 3 are already pending before the Family Court, Thrissur, and that the respondent is contesting the proceedings 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-1, 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.(Div) No.296/2022 is transferred from the Family Court, Pala, to the Family Court, Thrissur.

(ii) The parties will be at liberty to move the Family Court, Thrissur 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, Pala, with instructions to forthwith transmit the records in Annexure-1 to the Family Court, Thrissur. TR.P(C) NO. 825 OF 2022 5

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

receipt of the records in Annexure-1, post the case along with Annexures-2 and 3. Sd/- C.S.DIAS, JUDGE okb/19.1.2023 //True copy// P.S. to Judge TR.P(C) NO. 825 OF 2022 6 APPENDIX OF TR.P(C) 825/2022 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE O P (DIV) NO 296 OF 2022 ON THE FILE OF THE FAMILY COURT, PALA, DATED 25.4.2022. Annexure II A TRUE COPY OF O P 2982 OF 2022 BEFORE THE FAMILY COURT, THRISSUR DATED 19.10.2022. Annexure III A TRUE COPY OF M C NO 610 OF 2022 BEFORE THE FAMILY COURT, THRISSUR DATED 6.9.2022.

Same Court & Year Kerala · 2023 Same Parties Sreeja vs Hari Krishnan.B Same Judge Honourable Mr.Justice C.S.Dias