Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944 TR.P(C) NO. 250 OF 2022 IN OP NO. 287/2020 OF FAMILY COURT, THALASSERY PETITIONER/RESPONDENT: VINI O.K. AGED 40 YEARS W/O RAMESHAN, MADHURIMA HOUSE, KADALUR, KOYILANDY THALUK, KOZHIKODE DISTRICT, PIN - 673529 BY ADVS. ADITHYA RAJEEV S.PARVATHI RESPONDENT/PETITIONER: RAMESHAN AGED 53 YEARS S/O LATE RAMAN, MEENKASHI NIVAS, MUZHUPILLANGAD P O, MUZHUPILLANGAD, KANNUR DISTRICT. PIN - 670662 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 25th 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.No.287/2020 (Annexure-I), from the Family Court, Thalassery, to the Family Court, Vatakara.
2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have two daughters born in the wedlock. Due to the matrimonial cruelty that was meted out on her by the respondent, she was constrained to file M.C.No.40/2021(Annexure-IV) before the Judicial First Class Magistrate Court, Koyilandi, as against the respondent, invoking the provisions of the Protection of Women from Domestic Violence Act, 2005. She has also filed -:3:-
O.P.No.567/2021(Annexure-V) before the Family Court, Vatakara, against the respondent, for decree of divorce and M.C.No.38/2022 against the respondent, seeking an order of maintenance for herself and the children. The respondent has filed Annexure-I, seeking a decree for restitution of conjugal rights. The respondent is contesting Annexures-IV and V and M.C.No.38/2022
before the Courts at Koyilandi and Vatakara. Hence, no inconvenience would be caused to him, if Annexure-I is transferred. Hence, the transfer
petition.
3. Heard; Sri. Adithya Rajeev, the learned counsel appearing for the petitioner. Even though notice is 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 -:4:- 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)], N.C.V. Aiswarya v. A.S. Sharavana Karthik Sha[2022(5) KHC 185] and 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 and the totality of the facts
and circumstances of the case, particularly the fact that Annexure-V and M.C.No.38/2022 are pending before the Family Court, Vatakara, and that the -:5:-
respondent is contesting the proceedings there, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. and order the transfer of the Annexure-I, so that the cases can be consolidated and jointly tried by the same court, which would save precious judicial time and avoid conflict of decisions.
In the result, I pass the following directions:
(i) The transfer petition is allowed, by ordering the transfer of O.P.No.287/2020 from the Family Court, Thalassery, to the Family Court, Vatakara.
(ii) The parties would be at liberty to move the Family Court, Vatakara, 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, Thalassery, with instructions to transmit the records in -:6:- Annexure-I to the Family Court, Vatakara.
(iv) The Family Court, Vatakara shall, immediately
on receipt of the records in Annexure-I, post the case along with Annexure-V. Sd/- C.S.DIAS,JUDGE DST/25.08.22 //True copy/ P.A.To Judge -:7:- APPENDIX PETITIONER ANNEXURES ANNEXURE-I A TRUE COPY OF THE PETITION DATED 17- 03-2020 IN O.P NO. 287 OF 2020 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THALASSERY ANNEXURE-II A TRUE COPY OF THE ORDER DATED 13-08- 2021 IN I.A NO. 2 OF 2021 IN O.P NO. 287 OF 2020 OF THE FAMILY COURT, THALASSERY
ANNEXURE-III A TRUE COPY OF THE CASE DETAILS
OBTAINED FROM THE OFFICIAL WEBSITE OF DISTRICT COURTS (E-COURTS) ANNEXURE-IV A TRUE COPY OF THE APPLICATION DATED 29-06-2021 IN MC NO. 40 OF 2021 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOYILANDI ANNEXURE-V A TRUE COPY OF THE PETITION OP NO. 567 OF 2021 FILED BEFORE THE FAMILY COURT, VADAKARA RESPONDENT ANNEXURES: NIL