Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 21ST DAY OF JUNE 2022 / 31ST JYAISHTA, 1944 TR.P(C) NO. 222 OF 2022 TO TRANSFER O.P (G&W)NO. 1126/2021 FROM THE FILE OF THE FAMILY COURT, NEDUMANGAD TO THE FAMILY COURT, THIRUVANANTHAPURAM PETITIONER/RESPONDENT: DEEPTI ANNE JOHN, AGED 39 YEARS, D/O M.A.JOHNY, 3C SKYLINE CAMBRIDGE 3 NEAR IOB, EAST MUKKOLA, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM DISTRICT., PIN - 695043 BY ADV SHAJIN S.HAMEED RESPONDENT/PETITIONER: EBY VARGHESE, AGED 39 YEARS, S/O DR.ABRAHAM VARGHESE, PERMANENTLY RESIDING AT T.C.66/22, PATTIRETHU EBENEZER, VANDITHADAM, VELLAYANI P.O., THIRUVANANTHAPURAM DISTRICT-695522. PRESENTLY RESIDING AT FLAT NO.121, BUILDING NO.19, SAMARI RESIDENCE, RAS AL KHOR, DUBAI, UAE BY ADV R.V. Sreejith THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 21st day of June, 2022 The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P. (G&W) No.1126/2021 (Annexure-3) from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram.
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 son born in the wed lock. Due to the matrimonial cruelty that has been meted out on her and the willful refusal of the respondent to maintain the petitioner and the child,
she was constrained to file M.C.No.362/2020 (Annexure-1) before the Family Court, Thiruvananthapuram, seeking an order of maintenance. She has also filed O.P.No.1826/2021
(Annexure -2) before the same court, seeking a decree of divorce. As a counter blast to the above proceedings, the respondent has filed Annexure-3, seeking an order of permanent custody of the child.
The petitioner and the child are residing in Thiruvananthapuram. The child is suffering from Attention Deficit Hyperactivity disorder. The
Annexures 1 and 2 are already pending before the Family Court, Thiruvananthapuram. The respondent has not sought for the transfer of the said cases. Therefore, necessarily, he would have to appear before the said court and contest Annexures 1 and 2. Hence, Annexure-3 may also be transferred to the Family Court, Thiruvananthapuram. Hence, the transfer petition.
3. Heard; Sri.Shajin S.Hameed, the learned counsel appearing for the petitioner and Sri.R.V.Sreejith, 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 [(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 averments
in the transfer petition, the law laid down by the Hon'ble Supreme Court in the afore-cited decisions and the totality of the facts and circumstances of the case, particularly, the fact that Annexures 1 and 2 are
already pending before the Family Court, Thiruvananthapuram, 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-3 to the Family Court, Thiruvananthapuram, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions.
In the result, I allow the transfer petition by ordering the transfer of O.P. (G&W) No.1126/2021 from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram. The parties will be at liberty to seek for the consolidation and joint trial of all the cases between them. The Registry shall forward a copy of this judgment to the Family Court Nedumangad, with instructions to forthwith transmit the records in Annexure-3, the Family Court, Thiruvananthapuram.
The Family Court, Thiruvananthapuram shall immediately on receipt of records in Annexure-3 issue notice to the parties for their appearance. Post the case along with Annexures 1 and 2. Sd/- C.S.DIAS Judge NR/21/06/2022
APPENDIX PETITIONER'S ANNEXURES Annexure-1 PHOTOCOPY OF THE PETITION M.C.NO.362/2020 OF THE FAMILY COURT, THIRUVANANTHAPURAM. Annexure-2 PHOTOCOPY OF THE PETITION O.P.NO.1826/2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. Annexure-3 PHOTOCOPY OF THE PETITION O.P. (G&W).NO.1126/2021 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, NEDUMANGAD.