Full Judgment
TR.P(C) NO.323 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944 TR.P(C) NO. 323 OF 2021 (OP. NO.681/2018 OF FAMILY COURT, IRINJALAKUDA) PETITIONER/S:
1 NEETHU AGED 38 YEARS D/O.VINOD, KOLLAMKULANGARA, PERUVALLOR P.O., ANNAKARA DESAM, MULLASSERI VILLAGE, CHAVAKKAD TALUK, PRESENTLY RESIDING AT 13/9 6A, THANYAM PANCHAYATH, TR. ROAD, NEAR KARAYIL TEMPLE, THANYAM VILLAGE, THRISSUR 680 565 2 VINOD AGED 69 YEARS, S/O.KOCHU, KOLLAMKULANGARA, PERUVALLOR P.O., ANNAKARA DESAM, MULLASSERI VILLAGE, CHAVAKKAD TALUK, PRESENTLY RESIDING AT 13/9 6A, THANYAN PANCHAYATH, TR. ROAD, NEAR KARAYIL TEMPLE, THANYAM VILLAGE, THRISSUR 680 565 3 GEETHA AGED 64 YEARS, W/O.VINOD, KOLLAMKULANGARA, PERUVALLOR P.O., ANNAKARA DESAM, MULLASSERI VILLAGE, CHAVAKKAD TALUK, PRESENTLY RESIDING AT 13/9 6A, THANYAN PANCHAYATH, TR. ROAD, NEAR KARAYIL TEMPLE, THANYAM VILLAGE, THRISSUR 680 565 BY ADVS. PREMCHAND M. K.ANITHA JOHN
RESPONDENT/S: SOBHANA AGED 60 YEARS W/O.BALAKRISHNAN, CHAMBAMKULATH, KONNATHUKKUNNU P.O., MUKUNDAPURAM TALUK, THEKKUMKARA VILLAGE, PAINGODU DESAM, THRISSUR 680 123 BY ADV T.N.MANOJ THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR HEARING ON 17.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO.323 OF 2021 2
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.681 of 2018 (Annexure-C), from the Family Court, Irinjalakuda to the Family Court, Thrissur.
2. The petitioners’ case, in brief, in the memorandum of transfer petition is that, the respondent is the mother-in-law of the 1st petitioner. Petitioners 2 and 3
are the parents of the 1st petitioner. The marital relationship between the 1st petitioner and her husband - the son of the respondent - is strained. The 1 st petitioner has filed O.P. 629/2017 (Annexure-A) and O.P. 630/2017 (Annexure-B) against the husband before the Family Court, Thrissur. The respondent, to wreak vengeance against the petitioners, has deliberately filed Annexure-C before the Family Court, Irinjalakuda for a decree for return of money raising all false allegations. The petitioners are residing in Thanyam village in Thrissur district. It is difficult for them to travel from Thanyam to the Family Court, Irinjalakuda.
TR.P(C) NO.323 OF 2021 3 Moreover, the dispute is principally between the 1st petitioner and her husband. Annexures-A and B are being contested before the Family Court, Thrissur since 2017. Hence, the transfer petition may be allowed, failing which it will cause severe hardship and inconvenience to the petitioners.
3. The respondent has filed a counter affidavit
denying the allegations in the transfer petition. She has, inter alia, contended that she is a 61 year old lady who is suffering from hearing impairment and other diseases. It would be difficult for her to travel from her residence in Thekkumkara, Thrissur to the Family Court, Thrissur, if Annexure-C is transferred. Hence, the transfer petition may be dismissed.
4. Heard Sri.M. Premchand, the learned counsel appearing for the petitioners and Sri.T.N. Manoj, the learned counsel appearing for the respondent.
5. It is well settled in a catena of decisions by the Hon’ble Supreme Court in Sumitha Sing V. Kumar TR.P(C) NO.323 OF 2021 4
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], that the convenience of the woman and children has to be given preference, while ordering the transfer of a case from one Court to another.
6. On an analysis of the pleadings and materials on
record, it can be gathered that the marriage between the 1st petitioner and her husband ran into troubled waters way back in 2017, with the 1st petitioner filing Annexures- A and B against her husband - the son of the respondent- before the Family Court, Thrissur. It is later that the respondent has filed Annexure-C before the Family Court, Irinjalakuda against the petitioners. The ground of defence of the respondent to resist the transfer is her TR.P(C) NO.323 OF 2021 5 health issues. The respondent’s so-called problem can be redressed by dispensing with her personal appearance. It is to be borne in mind that both parties are residents of Thrissur and it would not cause much inconvenience to either side if the cases are tried at either of the Family Courts. But, the scales tilt in favour of the petitioners because Annexures A and B are already pending before the Family Court, Thrissur.
7. In the light of the law laid down in the afore-cited
decisions and the pleadings and materials on record and the totality of the facts and circumstances of the case and the findings rendered above, I am of the definite view that the discretionary powers of this Court under Section 24 of the C.P.C. have to be exercised in favour of the petitioners. Moreover, if Annexure-C is transferred to the Family Court, Thrissur, all the cases can be consolidated and
jointly tried, which would avoid multiplicity of proceedings, conflict of decisions and save precious judicial time. TR.P(C) NO.323 OF 2021 6 In the result, I allow the transfer petition as follows:
(i) O.P.No.681 of 2018 is transferred from the Family Court, Irinjalakuda to the Family Court, Thrissur.
(ii) The parties will be at liberty to move the Family Court, Thrissur and seek for consolidation and joint trial of all the cases between them.
(iii) The Registry shall forward a copy of this order to the Family Court, Irinjalakuda with instructions forthwith to transmit the records in Annexure-C to the Family Court, Thrissur.
(iv) The Family Court, Thrissur shall, immediately on
receipt of the records in Annexure-C, post the case along with Annexure-B. Sd/- C.S.DIAS, JUDGE okb/17.11.22 //True copy// P.S. to Judge TR.P(C) NO.323 OF 2021 7 APPENDIX OF TR.P(C) 323/2021 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE OP NO.629/2017 FILED BY THE 1ST PETITIONER BEFORE THE FAMILY COURT, THRISSUR Annexure B TRUE COPY OF THE OP NO.630/2017 FILED BY THE 1ST PETITIONER BEFORE THE FAMILY COURT, THRISSUR Annexure C TRUE COPY OF THE OP NO.681/2018 FILED BY THE 1ST RESPONDENT BEFORE THE FAMILY COURT, IRINJALAKUDA