Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944 OP 1212/2021 OF FAMILY COURT, PALAKKAD PETITIONER/S: 1 SMITHA .K, AGED 48 YEARS, DAUGHTER OF LATE SUKUMARAN NAIR, KANNATH KALAM VEEDU, VENGASSERY POST,OTTAPPALAM TALUK, PALAKKAD DISTRICT-679 516. 2 SUKUMARI, AGED 72 YEARS, WIFE OF LATE SUKUMARAN NAIR, KANNATH KALAM VEEDU, VENGASSERY POST, OTTAPPALAM TALUK, PALAKKAD DISTRICT-679 516. BY ADV R.SREEHARI RESPONDENT/S: 1 HARISH M, AGED 53 YEARS, SON OF SREEKUMARAN, "KISMET", ELAPPULLY POST, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN-678622. 2 VIJAYA RAGHAVAN, AGED 52 YEARS, SON OF NARAYANAN MENON, KANNATH KALAM VEEDU, VENGASSERY POST,OTTAPPALAM TALUK, PALAKKAD DISTRICT-679 516. BY ADVS. Rajesh Narayan Narayan K.RAJESH SUKUMARAN P.S.VISHNU THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2022, 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.1212/2021 (Annexure-2) from the Family Court, Palakkad to the Family Court, Ottappalam.
2. The petitioner's case, in brief, in the
memorandum of transfer petition is that; the 1 st petitioner is the wife of the 1 st respondent. The 2nd petitioner is the mother of the 1 st petitioner and the 2nd respondent is the brother-in-law of the 1 st petitioner. The marital relationship between the 1 st petitioner and the 1st respondent is estranged. The petitioner has filed O.P.No.288/2021 (Annexure-1) before the Family Court, Ottappalam, seeking a decree of divorce. As counter-
blast to Annexure-1, the 1st respondent has filed Annexure-2, seeking a decree for return of money and gold ornaments. The petitioners are residing in Palakkad. The 2nd petitioner is 72 years of age and is infirm. The 1 st respondent has not sought for transfer of Annexure-1. Therefore, necessarily he would have to travel to
Ottappalam to contest Annexure-1. It would be convenient, if Annexure-1 and Annexure-2 are tried by the same court, which would save judicial time and avoid conflict of decisions. More over, there is no person to chaperone the petitioners from Ottappalam to Palakkad. Hence, the transfer petition.
3. Heard; the learned counsel appearing for the petitioners and the learned counsel appearing for the 1 st respondent. Service is complete on the 2nd 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] 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 uncontroverted pleadings and
materials on record, the totality of the facts and circumstances of the case and the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure. In the result, I allow the transfer petition by ordering transfer of O.P.No.1212/2021 from the Family Court, Palakkad to the Family Court, Ottappalam. The
Registry shall forward a copy of this judgment to the Family Court, Palakkad with instructions to forthwith transmit the records in Annexure-2 to the Family Court, Ottappalam. The parties would be at liberty to move the Family Court, Ottappalam to seek for the consolidation and joint trial of all the proceedings between them. The Family Court, Ottappalam shall, immediately on receipt of the records in Annexure-2, post Annexure-2 along with Annexure-1.
Sd/- C.S.DIAS, JUDGE rkc/03.06.22 APPENDIX OF TR.P(C) 142/2022 PETITIONER ANNEXURES Annexure1 PHOTO COPY OF THE PETITION FILED IN O.P.NO.288/2021, DATED 20/04/2021, ON THE FILE OF THE FAMILY COURT, OTTAPPALAM FILED BY THE 1ST PETITIONER AGAINST THE 1ST RESPONDENT Annexure2 PHOTO COPY OF THE PETITION FILED IN O.P.NO.1212/2021, DATED 11/11/2021 ON THE FILE OF THE FAMILY COURT,PALAKAKD FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONERS AND 2ND RESPONDENT