Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 2ND DAY OF AUGUST 2022 / 11TH SRAVANA, 1944 TR.P(C) NO. 204 OF 2022 IN OP NO.315/2020 OF FAMILY COURT, OTTAPPALAM PETITIONER: SATHYA, AGED 32 YEARS, D/O. PANDYAN @ VASIYAN, OM SHAKTHI NIVAS, VRINDAVAN NAGAR, P.O. PALAKKAD ENGINEERING COLLEGE, PALAKKAD DISTRICT, PIN - 678008. BY ADVS. P.JAYARAM GIGI PAPPACHAN LEKSHMI NARAYANAN K.R.PAUL RESPONDENT: BABU @ PRABHAKARAN, AGED 38 YEARS, S/O. BALAKRISHNAN NAIR, KUNDAMVEETIL HOUSE, P.O. KURUVATTOOR, VALLAPPUZHA, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679336. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 2nd day of August,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.Nos.315/2020 (Annexure-A1), 423/2020 (Annexure-A2), 212/2021 (Annexure-A3), 220/2021 (Annexure-A4) from the Family Court, Ottapalam to the Family Court, Palakkad.
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 two year old daughter born in the wedlock. Due to the matrimonial cruelty that was meted out on the petitioner by the respondent, she was constrained to leave the matrimonial home. She has filed Annexures-A1 and A2 before the Family Court, Ottapalam, against the respondent, for a decree of divorce and a decree for -:3:- return of patrimony and other ancillary reliefs. The respondent, on the other hand, has filed Annexures-A3 and A4, against the petitioner before the same court, for an order of the permanent custody of their child
and a decree for restitution of conjugal rights. The petitioner is now residing in her parental home within the jurisdiction of the Family Court, Palakkad. Her two year old daughter is in her custody. There is no person to chaperone her from Palakkad to Ottappalam to defend Annexures-A1 to A4. Her parents are old and infirm. On the other hand, it would not be difficult for the respondent to appear before the Family Court, Palakkad, and contest the proceedings there. Hence, the transfer petition.
3. Heard; Sri. P. Jayaram, the learned counsel appearing for the petitioner. Even though notice was served on the respondent, there is no appearance for him. -:4:-
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)] 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 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 the -:5:-
petitioner and the two year old daughter are residing within the jurisdiction of the Family Court, Palakkad, and that she had filed Annexures-A1 and A2 before the Family Court at Ottapalam, at the time of estrangement of the relationship, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. and order the transfer of Annexures-A1 to A4.
In the result,
(i) The transfer petition is allowed, by ordering the transfer of O.P.Nos.315/2020, 423/2020, Ottapalam to the Family Court, Palakkad.
(ii) The parties would be at liberty to move the Family Court, Palakkad and seek for consolidation and joint trial of the proceedings between them.
(iii) The Registry shall forthwith forward a copy of the order to the Family Court, Ottapalam with instructions to transmit the records in Annexures-A1to A4 to the Family Court, -:6:- Palakkad.
(iv) The Family Court, Palakkad shall, immediately
on receipt of the records in Annexures-A1 to A4, issue notice to the parties for their appearance. Sd/- C.S.DIAS,JUDGE DST/02.08.22 //True copy/ P.A.To Judge -:7:- APPENDIX PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE ORIGINAL PETITION IN O.P NO.315/2020, ON THE FILES OF THE ANNEXURE A2 TRUE COPY OF THE ORIGINAL PETITION IN O.P NO.423/2020, ON THE FILES OF THE ANNEXURE A3 TRUE COPY OF THE ORIGINAL PETITION IN O.P NO.212/2021, ON THE FILES OF THE ANNEXURE A4 TRUE COPY OF THE ORIGINAL PETITION IN O.P NO.220/2021, ON THE FILES OF THE ANNEXURE A5 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENT HEREIN IN O.P. NO. 315/2020, ON THE FILES OF FAMILY COURT, OTTAPALAM. ANNEXURE A6 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER HEREIN IN O.P. NO. 212/2021, ON THE FILES OF FAMILY COURT, OTTAPALAM. RESPONDENT’S EXHIBITS: NIL