Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 24TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944 TR.P(C) NO. 276 OF 2022 IN OP(HMA) NO.46/2022 OF FAMILY COURT, PATHANAMTHITTA PETITIONER/PETITIONER: SEETHA M. AGED 31 YEARS, D/O.LATE SADANANDAN, ASWATHY, KALAVOOR P.O., ALAPPUZHA, KERALA, PIN- 688 522. BY ADV K.C.SUDHEER RESPONDENT/RESPONDENT: PRADEEP KUMAR AGED 44 YEARS,S/O.SUKUMARAN, RESIDING AT VELIYATHU PUTHENVEEDU, ELANTHOOR P.O., PATHANAMTHITTA DISTRICT, PIN - 689 643. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 24th 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.(HMA)No.46/2022 (Annexure-A1), from the Family Court, Pathanamthitta, to the Family Court, Alappuzha.
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 children born in the wedlock. Due to the matrimonial cruelty that was meted out on her by the respondent, she had filed Annexure-A1 before the Family Court, Pathanamthitta.
Now, the petitioner has filed M.C.No.6/2022 (Annexure-A4) against the respondent before the Judicial First Class Magistrate Court, Alappuzha,
invoking the provisions of the Protection of Women -:3:- from Domestic Violence Act, 2005. The respondent is continuing to harass the petitioner. It is difficult for her to contest Annexure-A1 before the Family Court, Pathanamthitta. Hence, the transfer petition.
3. Heard; Sri. K.C. Sudheer, 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 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) -:4:- 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 the petitioner and the children are residing within the jurisdiction of the Family Court, Alappuzha, and that the petitioner was constrained to file Annexure-A1 before the Family Court, Pathanamthitta, since it was the court of competent jurisdiction and now, the petitioner has filed Annexure-A4 before the Judicial First Class Magistrate Court, Alappuzha, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. and order the transfer of
-:5:- the Annexure-A1. In the result, I pass the following directions:
(i) The transfer petition is allowed, by ordering the transfer of O.P.(HMA)No.46/2022 from the Family Court, Pathanamthitta, to the Family Court, Alappuzha.
(ii) The Registry shall forthwith forward a copy of the order to the Family Court, Pathanamthitta, with instructions to transmit the records in Annexure-A1 to the Family Court, Alappuzha.
(iii) The Family Court, Alappuzha shall, immediately on receipt of the records in Annexure-A1, issue notice to the parties for their appearance. Sd/- C.S.DIAS,JUDGE DST/24.08.22 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE A1 THE COPY OF THE DIVORCE PETITION FILED BY THE PETITIONER BEFORE THE FAMILY COURT AT PATHANAMTHITTA DATED 17TH DECEMBER 2021 IN OP NO.46/2022.
ANNEXURE A2 THE COPY OF THE PETITION/COMPLAINT FILED BY THE PETITIONER BEFORE THE SHO MANNANCERRY DATED 2ND MARCH 2022. ANNEXURE A3 THE COPY OF THE PETITION/COMPLAINT FILED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF DATED 2ND MARCH 2022. ANNEXURE A4 THE COPY OF THE ORDER IN CMP NO.125/2022 IN MC NO.6/2022 PASSED BY THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT ALAPPUZHA DATED 4.3.22. ANNEXURE A5 THE COPY OF THE LETTER SEND BY THE COMMANDANT, 7TH BN, ITBP FORCE, PO MIRTHI, DISTRICT -PITHOGRAGARH TO THE DISTRICT POLICE CHIEF PATHANAMTITTA ON RESPONDENT ANNEXURES: NIL