Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 20TH DAY OF JUNE 2022 / 30TH JYAISHTA, 1944 OP NO.1171/2021 OF FAMILY COURT, ERNAKULAM PETITIONER/S: UMA AGED 31 YEARS D/O. VASUDEVAN NAMNBOOTHIRI, PARAKKOTT ILLAM, NAYARKUZHI P.O. NIT CALICUT, , CALICUT 673 601. BY ADV IEANS.C.CHAMAKKALA RESPONDENT/S: RISHIKESH MITHRA, AGED 34 YEARS S/O. HARIKRISHANAN BHATTATHIRI, MITHRA MADOM, KOTTAPPURAM ROAD, THRIPUNITHURA, ERNAKULAM 673 601. BY ADVS. M.S.UNNIKRISHNAN K.SUNIL ALEENA MARIA JOSE M.ARDRA KRISHNAN KRISHNENDU.D THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2022, 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.1171/2021 (Annexure A2) from the Family Court, Ernakulam 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 five year old son born in their wedlock. Due to the marital estrangement between the couple, the petitioner and the child have filed M.C.No.299/2018 (Annexure A1), before the Family Court, Kozhikkode against the respondent, seeking an
order of maintenance. The respondent has recently filed
Annexure A2 before the Family Court, Ernakulam against the petitioner seeking a decree of divorce. The petitioner and the child are permanent residents of Kozhikkode. The child is more the 5 years old. The respondent is contesting Annexure A1 before the Family Court, Kozhikode. Therefore, no inconvenience would be caused to him in ordering the transfer of Annexure A2 from the Family Court, Ernakulam to the Family Court, Kozhikode. Hence, the transfer petition.
3. Heard; the learned counsel appearing for the petitioner and 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 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 Annexure A1 is pending before the Family Court, Kozhikode since 2018 and the respondent is contesting the proceedings there, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order transfer of O.P.No.1171/2021 from the Family Court, Ernakulam to the Family Court, Kozhikode, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions.
In the result, I allow the transfer petition by ordering transfer of O.P.No.1171/2021 from the Family Court, Ernakulam to the Family Court, Kozhikode. The parties would be at liberty to move the Family Court, Kozhikode 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, Kozhikode with instructions to forthwith transmit the records in Annexure A2 to the Family Court, Kozhikode. The Family Court, Kozhkode shall, immediately on receipt of the records in Annexure A2, call the case along with Annexure A1. SD/- C.S.DIAS, JUDGE rkc/20.06.22 APPENDIX OF TR.P(C) 393/2021 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF M.C. NO. 299/2018 PENDING BEFORE THE FAMILY COURT, KOZHIKODE. Annexure A2 TRUE COPY OF O.P. NO. 1171/2021 PENDING BEFORE THE FAMILY COURT ERNAKULAM.