Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944 TR.P(C) NO. 350 OF 2022 IN OP 2160/2021 OF FAMILY COURT,THRISSUR PETITIONER/PETITIONER: SHERIN THOMAS, AGED 33 YEARS, D/O. LATE THOMAS, NOW RESIDING AT M.26-A/64, MALAPAARAMBA HOUSING COLONY, CHERAYUR P.O., KOZHHIKODE., PIN - 673017 BY ADVS. M.PROMODH KUMAR MAYA CHANDRAN ABIMALEK C VALSAN RESPONDENT/RESPONDENT: AMITH JOSE, AGED 35 YEARS, S/O. JOSE, PUTHERNVEETTIL HOUSE, KALLEKKADU, PARIYIRI, PALAKKAD, PIN - 678006 BY ADVS. N.M.MADHU C.S.RAJANI(K/2275/1999) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 25th 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.No.2160/2021 (Annexure-1), from the Family Court, Thrissur to the Family Court, Kozhikode.
2. The petitioner’s case, in brief, in the
memorandum of transfer petition is that, she is the wife of the respondent. They have a daughter born in the wedlock. Due to the matrimonial cruelty that was meted out on the petitioner by the respondent, the petitioner herself filed Annexure-1 against the respondent before the Family Court, Thrissur, for a decree of divorce. The respondent is not maintaining the petitioner or the daughter. Now, the petitioner has secured an employment in Cyber Park, Kozhikode. She is residing with her daughter in Kozhikode. The respondent is residing in Palakkad. It would be -:3:- practically difficult for the petitioner to travel from Kozhikode to Thrissur, to contest Annexure-1. On the other hand, the courts at Kozhikode and Thrissur are equidistant for the respondent, since he is residing at Palakkad. Therefore, the respondent would not suffer any inconvenience due to the transfer. Hence, the transfer petition.
3. Heard; Sri. M.Promodh Kumar, the learned counsel appearing for the petitioner and Smt. C.S.Rajani, 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 -:4:- 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]. 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, the totality of the facts and circumstances of the case, especially the fact that the petitioner and the child are now residing at Kozhikode, and that the respondent is residing at Palakkad, which is equidistant to Kozhikode and Thrissur, and therefore, the
respondent would suffer no inconvenience, if the proceedings are contested, either before the Family Court, Kozhikode or the Family Court, Thrissur. H ence, I -:5:- am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. and order the transfer of the Annexure-1. In the result, I pass the following directions:
(i) The transfer petition is allowed, by ordering the transfer of O.P.No.2160/2021 from the Family Court, Thrissur, to the Family Court, Kozhikode.
(ii) The Registry shall forthwith forward a copy of the order to the Family Court, Thrissur with instructions to transmit the records in Annexure-1 to the Family Court, Kozhikode.
(iii) The Family Court, Kozhikode shall, immediately on receipt of the records in Annexure-1, issue notice to the parties for their appearance.
Sd/- C.S.DIAS,JUDGE DST/25.08.22 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURES ANNEXURE1 TRUE COPY OF THE PETITION IN O.P. NO. RESPONDENT ANNEXURES: NIL