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. 49 OF 2022 TO TRANSFER O.P.NO.710/2021 OF THE FAMILY COURT, THIRUVALLA TO FAMILY COURT, ETTUMANOOR PETITIONER/RESPONDENT: MANJU, AGED 37 YEARS, D/O. OMANAKUTTAN, RESIDING AT THARAYILPARAMBIL (H), THRIKODITHANAM P. O., THRIKODITHANAM VILLAGE, CHANGANACHERRY TALUK, PIN - 686105, PH : 9447366661. BY ADVS. PRAFIN JOSEPH ZACHARIA PRASEENA ELIZABETH JOSEPH JEFFERCY J.THOMAS SHRI.MIDHUNRAJ P.R. RESPONDENT/PETITIONER: CHANDRAN C. K., AGED 45 YEARS, S/O. KUTTAN, CHANDRAVILASOM HOUSE, AMBORI VILLAGE, THIRUVANANTHAPURAM DISTRICT, NOW RESIDING AT FLAT NO.904, SOUPARANIKA APARTMENT, BYPASS ROAD, CHANGANACHERRY P. O., PIN - 686101, PH - 9447680069. BY ADVS. M.P.MADHAVANKUTTY MATHEW DEVASSY ANANTHAKRISHNAN A. KARTHA THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 11th day of July, 2022 The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P No.710/2021 (Annexure A1) from the Family Court, Thiruvalla to the Family Court, Ettumanoor.
2. The petitioner’s case, in brief, in the
memorandum of transfer petition is that, she is wife of the respondent. They have three children born in the wed lock. Due to the matrimonial cruelty meted out on the petitioner by the respondent and his willful refusal to maintain the three children, she has filed M.C.No.210/2021 before the Family Court, Ettumanoor, seeking an order of maintenance for herself and the three children. She has also filed O.P.Nos.1624/2021 and 1623/2021, before the same court against the respondent, seeking a decree of divorce and a decree for return of money and other ancillary reliefs. The respondent has now filed Annexure A1, against the petitioner, seeking a decree for permanent prohibitory injunction. The respondent is contesting the three cases before the Family Court, Ettumanoor. Therefore, no inconvenience will be caused to him in Annexure A1 being transferred from the Family Court, Thiruvalla to the Family Court, Ettumanoor. Hence, the transfer petition.
3. Heard; Sri.Prafin Joseph Zacharia, the learned counsel appearing for the petitioner and Sri.M.P.Madhvankutty, the learned counsel appearing for the 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 [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, and the totality of the facts
and circumstances of the case, especially the fact that M.C.No.210/2021, O.P.Nos.1624/2021 and 1623/2021
are already pending before the Family Court, Ettumanoor and that the respondent is contesting the proceedings there, 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, to the Family Court, Ettumanoor, so that the cases can be consolidated and jointly tried, which in turn would save precious judicial time and avoid conflict of decisions.
In the result, I allow the transfer petition as follows:-
(i) O.P No.710/2021 is transferred from the Family Court, Thiruvalla to the Family Court, Ettumanoor.
(ii) The parties would be at liberty to move the Family Court, Ettumanoor, 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, Thiruvalla, with instructions
to forthwith transmit the records in Annexure A1 to the Family Court, Ettumanoor.
(iv) The Family Court, Ettumanoor, shall, immediately on receipt of the records in Annexure A1, call the case along with M.C.No.210/2021. Sd/- C.S.DIAS Judge NR/11/07/2022 APPENDIX PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE O.P.NO.710/2021 ON THE FILE OF THE FAMILY COURT, THIRUVALLA.