Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 AGAINST THE ORDER/JUDGMENT IN OP 1/2021 OF FAMILY COURT, KASARAGOD PETITIONER/S: PUSHPA.A AGED 43 YEARS D/O.(LATE) M. KRISHNAN NAIR, P.O. THIMIRI (VIA), CHERUVATHUR, KASARAGOD DISTRICT - 671313. BY ADVS. M.SASINDRAN P.K.SUBHASH RESPONDENT/S: P.V.VISWANATHAN AGED 47 YEARS S/O. KUNHAMBU NAMBIAR, SREE KRISHNA KRIPA, P.O. MATHIL - 670307, PAYYANNUR (VIA), KANNUR DISTRICT. BY ADV G.KRISHNAKUMAR THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
The transfer petition is filed under Section 24 of the Code of Civil Procedure seeking to transfer O.P.No.1/2021 (Annexure A1) from the Family Court, Kasaragod to the Family Court, Kannur.
2. The petitioner's case, in brief, in the
memorandum of transfer petition is that; the respondent has filed Annexure A1, seeking a decree for divorce. There were earlier rounds of litigations between the parties
before the Family Court, Kannur. Now execution proceeding is pending before the Family Court, Kannur, as against the respondent. The respondent has deliberately filed Annexure A1 before the Family Court, Kasaragod, to harass the petitioner. The petitioner and her child are residing within the jurisdiction of the Family Court, Kannur. Therefore, it would be convenient for the petitioner to contest Annexure A1 before the Family Court, Kannur. More over, the respondent has to necessarily contest the execution proceeding before the Family Court, Kannur.
Therefore, no prejudice would be caused to the respondent, if Annexure A1 being transferred to the Family Court, Kannur. Hence the transfer petition.
3. Heard; the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
4. It is on record that there were earlier rounds of litigations between the parties and the execution proceeding is pending against the respondent before the Family Court, Kannur.
5. 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.
6. In the light of the uncontroverted averments on
record, the totality of the facts and circumstances of the case and the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure. In the result, I allow the transfer petition by ordering
transfer of O.P.No.1/2021 from the Family Court, Kasaragod to the Family Court, Kannur. The Registry shall forward a copy of this judgment to the Family Court, Kasaragod with instructions to forthwith transmit the records in O.P. No.1/2021 to the Family Court, Kannur. The parties are directed to appear before the Family Court, Kannur on 18.07.2022.
sd/- C.S.DIAS, JUDGE rkc/31.05.22 APPENDIX OF TR.P(C) 334/2021 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE PETITION IN OP NO. KASARAGOD.