Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 5TH DAY OF AUGUST 2022 / 14TH SRAVANA, 1944 TR.P(C) NO. 264 OF 2022 IN GOP NO.433/2022 OF FAMILY COURT, MUVATTUPUZHA PETITIONERS/ RESPONDENTS: 1 GEEMOL.P.MATHAI, AGED 35 YEARS, NOW RESIDING AT KAREDATH HOUSE, KIDANGOORP.O, ANGAMALY., PIN - 683572 2 LEEMOL.P.MATHAI, AGED 40 YEARS, KAREDATH HOUSE, KIDANGOOR P.O, ANGAMALY., PIN - 683572 BY ADV IVANS C. CHAMAKKALA RESPONDENT/PETITIONER: JAISON JHONY, AGED 40 YEARS, PUNCHALAYIL HOUSE, MEMUKHAM, MANEED P.O, ERNAKULAM DIST., PIN - 686726 BY ADVS. GEEVAN T.CHARLES ALINT JOSEPH(K/505/2020) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 5th 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 G.O.P.No.433/2022 (Annexure-A1), from the Family Court, Muvattupuzha, to the Family Court, Ernakulam.
2. The petitioner’s case in brief, in the memorandum of transfer petition is that, the first petitioner is the wife of the respondent. The second
petitioner is the sister of the first petitioner. The first petitioner and the respondent have a 10 year old son born in the wedlock. Due to the matrimonial cruelty that was meted out on the first petitioner by the respondent, she was constrained to leave the matrimonial home. The
respondent has now filed Annexure-A1, seeking an order
for the custody of the child. The petitioners and the -:3:- child are residing within the jurisdiction of the Family Court, Ernakulam. It would cause severe prejudice to the first petitioner and the child to travel all the way to Muvattupuzha, to contest Annexure-A1. Hence, the transfer petition.
3. Heard; Ivans C. Chamakkala, the learned counsel appearing for the petitioners and Sri. Geevan T.Charles, 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], Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)] Valsal Nisha v.
-:4:- 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, especially the fact that the first
petitioner and the child are residing within the jurisdiction of the Family Court, Ernakulam, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. and order the transfer of Annexure-1. In the result,
(i) The transfer petition is allowed, by ordering the transfer of G.O.P.No.433/2022 from the Family Court, Muvattupuzha to the Family Court, Ernakulam.
(ii) The Registry shall forthwith forward a copy of -:5:- the order to the Family Court, Muvattupuzha with instructions to transmit the records in Annexure-A1 to the Family Court, Ernakulam.
(iv) The Family Court, Ernakulam shall, immediately on receipt of the records in Annexure-A1, issue notice to the parties for their appearance.
Sd/- C.S.DIAS,JUDGE DST/05.08.22 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE G.O.P NO.433/2022 BEFORE THE FAMILY COURT MUVATTUPUZHA. RESPONDENT’S EXHIBITS: NIL