Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 10TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944 OP 344/2021 OF FAMILY COURT, MUVATTUPUZHA PETITIONER/S: REVATHY AGED 28 YEARS D/O SHANMUGHAN, THANNIKKAPARAMBIL HOUSE, VAYALKKAD, VELIYATHUNAD, JANATHA LANE, UC COLLEGE, ALUVA, ERNAKULAM- 683 102 BY ADVS. C.Y.VINOD KUMAR SHERIN A.RAHIM RESPONDENT/S:
1 SUBIN C.S AGED 31 YEARS AGED 31 YEARS, S/O SURENDRAN, CHATHANKUDY HOUSE,KOZHIKKOTTU KULANGARA, VENGOOR P.O.,KOMBANAD VILLAGE, ERNAKULAM- 683 546 2 SHANMUGHAN AGED 62 YEARS, THANNIKKAPARAMBIL HOUSE, VAYALAKKAD, VELIYATHUNAD, JANATHA LANE UC COLLEGE, ALUVA, ERNAKULAM- 683 102 3 AMBIKA SHANMUGHAN AGED 62 YEARS,W/O SHANMUGHAN, THANNIKKAPARAMBIL HOUSE, VAYALAKKAD, VELIYATHUNAD, JANATHA LANE UC COLLEGE, ALUVA, ERNAKULAM- 683 102 4 SREEKANTH SHANMUGHAN AGED 33 YEARS, S/O SHANMUGHAN, THANNIKKAPARAMBIL HOUSE, VAYALAKKAD, VELIYATHUNAD, JANATHA LANE, UC COLLEGE, ALUVA, ERNAKULAM- 683 102 5 SANDRA SREEKANTH AGED 26 YEARS, W/O SREEKANTH, THEKKATTIL HOUSE, PATTELIPPURAM P.O., NEAR NIRMALA COLLEGE, ALUVA, ERNAKULAM - 683101 BY ADVS. ANIL PRABHA.K AADIL NAZARUDEEN K.RAJESWARY
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2022, 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.344/2021 (Annexure 1) from the Family Court, Muvattupuzha to the Family Court, Ernakulam.
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 four year old daughter born in the wedlock. The 1st respondent has earlier filed O.P.No.156/2019 before the Family Court, Muvattupuzha, seeking a decree for restitution of conjugal rights. This Court has by Annexure 2 ordered the transfer of the said case to the Family Court, Ernakulam. The petitioner and
the child are residing in her parental home in Ernakulam. It would be difficult for the petitioner and the child to travel all the way from Ernakulam to Muvattupuzha to contest Annexure 1. More over, in the light of Annexure 2, the 1st respondent would have to necessarily travel to Ernakulam. Hence, no inconvenience would be caused to him in ordering transfer of Annexure 1. Hence, the transfer petition.
3. Heard; the learned counsel appearing for the petitioner and learned counsel appearing for the 1 st respondent. The respondents 2 to 5 are the relatives of the petitioner.
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 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 this Court has already by Annexure 2 ordered the transfer of O.P.No.156/2019
filed by the 1st respondent to the Family Court, Ernakulam and the said case is pending consideration there, I do not find any reason to decline the prayer of the petitioner to transfer Annexure 1 also. Hence, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order transfer of the case.
In the result, I allow the transfer petition by ordering transfer of O.P.No.344/2021 from the Family
Court, Muvattupuzha to the Family Court, Ernakulam. The parties would be at liberty to move the Family Court, Ernakulam and seek for consolidation and joint trial of the cases between them. The Registry shall forward a copy of this order to the Family Court, Muvattupuzha with instructions to forthwith transmit the records in
Annexure 1 to the Family Court, Ernakulam. The Family Court, Ernakulam shall, immediately on receipt of the records in Annexure 1, post the case along with the pending cases between the parties. Sd/- C.S.DIAS, JUDGE rkc/10.06.22 APPENDIX OF TR.P(C) 370/2021 PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE OP NO.344/2021 ON THE FILE OF FAMILY COURT, MUVATTUPUZHA Annexure 2 TRUE COPY OF THE JUDGMENT DATED 05-07-21 IN TR.P(C) NO.54/2020 OF THIS HON'BLE COURT