Bhavya P.M vs Mridul T

Type Court Judgment Court Kerala Decided Jun 21, 2022

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Citation: sooperkanoon.com/1481157
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jun 21, 2022
Case Number: Tr.P(C)/275/2022

Parties & Advocates

Appellant / Petitioner

Bhavya P.M

Respondent

Mridul T

Excerpt

.....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 santhiniv. 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 avermentsin 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 the petitioner is residing in palakkad, 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 o.p.no.326/ 2022.6. in the result, i allow the transfer petition by ordering the transfer of o.p. no.326/2022 from the family court, malappuram to the family court, palakkad. the registry shall forward a copy of thisjudgment to the family court, malappuram withinstructions to forthwith transmit the records in exhibit p1 to the family court, palakkad. the family court, palakkad, shall immediately on receipt of the records in exhibit p1 issue notice to the parties for their appearance. sd/- c.s.dias judge nr/21/06/2022 appendix petitioner's exhibits exhibit p1 true copy of o p no.326/2022 dated 19.03.2022 of the family court, perinthalmanna filed by the husband/respondent.

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. 275 OF 2022 TO TRANSFER O.P.NO. 326/2022 PENDING BEFORE FAMILY COURT MALAPPURAM TO FAMILY COURT, PALAKKAD
PETITIONER: BHAVYA P.M, AGED 29 YEARS, D/O MURALIDHARA P.M, BHAVYA NIVAS, DARSHINI ROAD, NEW CIVIL NAGAR, PALGHAT-1, 678001. BY ADVS. ABRAHAM SAMSON LOVELY SAMSON RESPONDENT: MRIDUL T, AGED 32 YEARS, S/O SUBRAMANIYAN, NAER R.A.R.S, AMBALAVAYAL, AMBALAVAYAL. P.O & VILLAGE, AANAPPARA, SULTAN BATHERY TALUK, WAYANAD DISTRICT, 673593 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. No.326/2022 (Exhibit P1) from the Family Court, Malappuram 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. Due to the matrimonial cruelty meted out on her, she was constrained to leave the

matrimonial home. The respondent has now filed Exhibit P1, seeking for a decree for restitution of conjugal rights. The petitioner is a permanent resident of Palakkad. There is no person to chaperone her from Palakkad to Malappuram to contest Exihibit P1. Hence, the transfer petition may be allowed.

3. Heard; Sri.Abraham Samson, the learned counsel appearing for the petitioner. Even though notice has been 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] 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 the petitioner is residing in Palakkad, 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 O.P.No.326/ 2022.

6. In the result, I allow the transfer petition by ordering the transfer of O.P. No.326/2022 from the Family Court, Malappuram to the Family Court, Palakkad. The Registry shall forward a copy of this

judgment to the Family Court, Malappuram with

instructions to forthwith transmit the records in Exhibit P1 to the Family Court, Palakkad. The Family Court, Palakkad, shall immediately on receipt of the records in Exhibit P1 issue notice to the parties for their appearance. Sd/- C.S.DIAS Judge NR/21/06/2022 APPENDIX PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF O P NO.326/2022 DATED 19.03.2022 OF THE FAMILY COURT, PERINTHALMANNA FILED BY THE HUSBAND/RESPONDENT.

Same Court & Year Kerala · 2022 Same Parties Bhavya P.M vs Mridul T Same Judge Honourable Mr.Justice C.S.Dias