Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 11TH DAY OF JULY 2022 / 20TH ASHADHA, 1944 TR.P(C) NO. 14 OF 2021 IN OP 1114/2020 OF FAMILY COURT,KOZHIKODE PETITIONER: SAMEERA, AGED 21 YEARS D/O.MUHAMMED KUTTY, KANNAMKADAVATH HOUSE, KAVANCHERY, PERUMTHIRUTHY, CHENNARA POST, MANGALAM VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676561. BY ADVS. S.K.PREMJITH MENON SRI.BINU V V VEETTIL VALAPPIL RESPONDENT: ABDUL ARSHAD C.K. AGED 31 YEARS S/O.LATE MOIDHU C.K., C.K HOUSE, CHEMEEN KUZHIYIL, KALLAI POST, KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN-673003. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 14 OF 2021 2
ORDER
The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P. No.1114/2020(Annexure A1) from the Family Court, Kozhikode to the Family Court, Tirur.
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 three year old daughter born in their wedlock. Due to the matrimonial cruelty meted out on the petitioner by the respondent, she was constrained to leave the matrimonial home. As the respondent has also willfully refused to maintain the petitioner and the child, she has filed M.C.No.255/2020 before the Family Court, Tirur, seeking an order of maintenance. She has also filed O.P. No.753/2020, against the respondent before the same
court, seeking a decree of divorce. She has also filed M.C.No.122/2020 before the Judicial First Class TR.P(C) NO. 14 OF 2021 3 Magistrate Court, Tirur, against the respondent and his
relatives under the provision of protection of women from Domestic Violence Act. During the pendency of the above proceedings, the respondent has now filed Annexure A1, seeking a decree for restitution of conjugal rights. The petitioner and the child are the permanent resident of Tirur. The respondent is contesting M.C.No.255/2020 and
O.P. No.753/2020 before the Family Court, Tirur. Therefore, if Annexure A1 is transferred, no inconvenience would be caused to the respondent. Hence the transfer petition.
3. Heard; Sri.V.V. Binu, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.
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 TR.P(C) NO. 14 OF 2021 4 another [2002 KHC 1889], Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489] and Santhini V. Vijaya Venkatesh [2017 (5) KHC 48]. 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, especially the fact that M.C. No.255/2020 and O.P.No.753/2020 are already pending before the Family Court, Tirur, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transfer of
Annexure A1 from the Family Court, Kozhikode to the Family Court, Tirur, so that the cases can be consolidated TR.P(C) NO. 14 OF 2021 5 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.1114/2020 is transferred from the Family Court, Kozhikode to the Family Court, Tirur.
(ii) The parties would be at liberty to move the Family Court, Tirur and seek for consolidation and joint trial of all the cases between them. (iii)The Registry shall forward a copy of this order to the Family Court, Kozhikode with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Tirur.
(iv) The Family Court, Tirur shall, immediately on the
receipt of the records in Annexure A1, post the case along with M.C. No.255/2020. Sd/- C.S.DIAS, JUDGE rmm/11/07/2022 TR.P(C) NO. 14 OF 2021 6 APPENDIX OF TR.P(C) 14/2021 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE MEMORANDUM IN O.P.NO.1114/2020 ON FILES OF THE FAMILY COURT, KOZHIKODE.