Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944 OP 502/2021 OF FAMILY COURT, MALAPPURAM PETITIONER/S: SAFIYA AGED 36 YEARS D/O.KUNJUMUHAMMED, ODUVANGATTIL HOUSE, VEERAMANGALAM, THRIKKADIRI P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT - 679 502. BY ADVS. K.N.ABHILASH M.A.AHAMMAD SAHEER MUHAMMAD AJEESH RITHIK S.ANAND E.A.HARIS RESPONDENT/S: BASHEER AHAMMAD AGED 42 YEARS S/O.MUHAMMED, PACHIREE HOUSE, DUBAIPPADY, PONNYAKURISI P.O., PERINTHALAMNNA TALUK, MALAPPURAM DISTRICT - 679 322. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P. No.502/2021 (Annexure A1) from the Family Court, Malappuram to the Family Court, Ottappalam.
2. The petitioner's case, in brief, in the
memorandum of transfer petition is that; she is the wife of the respondent. Due to the matrimonial cruelty meted out on her, she has filed M.C.No.183/2019 and O.P.No.777/2019 before the Family Court, Ottappalam, seeking an order of maintenance and a decree for recovery of money and gold ornaments, respectively. The respondent has entered appearance and is contesting both the cases. The respondent as a counter blast to the above proceedings, has filed Annexure A1, seeking a decree for restitution of conjugal rights. The petitioner is a permanent resident of Veeramangalam, Ottapalam. It would be difficult for the petitioner to travel all the way from Ottapalam to Malappuram to contest Annexure A1. More over, the respondent has not sought for the transfer of the cases filed by the petitioner. Therefore, necessarily, he would have to contest the above cases before the Family Court, Ottapalam. Hence, the transfer petition.
3. Heard; 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 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] and Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)]. 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, particularly the fact that the petitioner has already instituted two cases before the Family Court, Ottapalam and the respondent has already appeared in those cases, 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 the case.
In the result, I allow the transfer petition by ordering transfer of O.P.No.502/2021 from the Family Court, Malappuram to the Family Court, Ottapalam. The parties would be at liberty to move the Family Court, Ottapalam and seek for consolidation and joint trial of all the cases. The Registry shall forward a copy of this order to the Family Court, Malappuram with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Ottapalam. The Family Court, Ottapalam shall, immediately on receipt of the records in Annexure A1, post the case along with M.C.No.183/2019 and O.P.No.777/2019. sd/- C.S.DIAS, JUDGE rkc/09.06.22 APPENDIX OF TR.P(C) 62/2022 PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE PETITION DATED FILES OF FAMILY COURT, MALAPPURAM.