Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA, 1944 TR.P(C) NO. 191 OF 2021 IN OP 1048/2020 OF FAMILY COURT, PALAKKAD PETITIONER: LAINA SREEJITH, AGED 27 YEARS W/O. SREEJITH AND D/O. SUNIL, CHAKKALAPARAMBIL HOUSE, THRIKULASHEKARAPURAM, METHALA VILLAGE, KODUNGALLOOR THALUK, THRISSUR DISTRICT 680 664. BY ADV N.L.BITTO RESPONDENTS: 1 SREEJITH UMAPATHI, AGED 42 YEARS, S/O. UMAPATHI, VELLAYKKAL HOUSE, RAKENDHU, PALLATHU LANE, CHEROOR, VILVATTOM VILLAGE THRISSUR TALUK, 680 008, NOW RESIDING A T AMBADI FARMS, KOZHINJAMPARA, PALAKKAD DISTRICT 678 555. 2 MIDHUN CHANDRAN, EDAPULLI HOUSE, MANNUTHY, THRISSUR 680 651. BY ADVS. PRABHU K.N MANUMON A.(K/000280/2003) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 29th day of November,2022
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.1048/2020(Annexure-A1) from the Family Court, Palakkad to the Family Court, Irinjalakuda.
2. The petitioners’ case, in brief, in the memorandum of transfer petition is that she is the wife of the first respondent. The marital relationship is strained. The first respondent has filed Annexure-A1 before the Family Court, Palakkad, against the respondent, for a decree of permanent prohibitory
injunction. The petitioner is permanently residing in Kodungallur Taluk in her parental home, which is within the territorial jurisdiction of the Family Court, Irinjalakuda. There is no person to chaperone her from -:3:- Irinjalakuda to Palakkad, to contest Annexure-A1. Hence, the transfer petition.
3. Heard; Sri. N.L. Bitto, the learned counsel appearing for the petitioner and Sri. Frijo K. Sundar, the learned counsel appearing for the first 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 [2020(8) KLR 475]. The Hon'ble Supreme Court has
held that it is the convenience of the woman and
-:4:- 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 and the totality of the facts
and circumstances of the case, particularly the fact that the petitioner is a young lady aged 27 years and she is residing within the territorial jurisdiction of the Family Court, Irinjalakuda, 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.
In the result, I pass the following directions:
(i) The transfer petition is allowed, by ordering the transfer of O.P.No.1048/2020 from the Family Court, Palakkad to the Family Court, Irinjalakuda.
(ii) The Registry shall forthwith forward a copy of the order to the Family Court, Palakkad with instructions to transmit the records in -:5:- Annexure-A1 to the Family Court, Irinjalakuda.
(iv) The Family Court, Irinjalakuda shall, immediately on receipt of the records in Annexure-A1, issue notice to the parties for their appearance.
Sd/- C.S.DIAS,JUDGE DST/29.11.22 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF O.P. NO. 1048/2020 ON THE FILE OF THE FAMILY COURT, PALAKKAD. ANNEXURE -2 A TRUE COPY OF OP.1048 OF 2020 OF THE FAMILY COURT PALAKKAD FILED BY THE 1ST RESPONDENT DATED NIL RESPONDENT ANNEXURES: NIL