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 483/2020 OF FAMILY COURT,PALAKKAD PETITIONER/S: SHAHARBANU AGED 26 YEARS D/O. SHAHAUL HAMEED, VATTAPARAMBIL HOUSE, CHERUTHURUTY DESOM, CHERUTHURUTHY VILLAGE, CHERUTHURUTHY P.O., THALAPPILLY TALUK, THRISSUR DISTRICT-679 531. BY ADVS. C.DHEERAJ RAJAN K.ANAND (A-1921) RESPONDENT/S: SHAMEER AGED 30 YEARS S/O. KAMALUDHEEN, HOUSE NO.554, AATAYAMPATHY, MUTHALAMADA VILLAGE, GOVINDAPURAM P.O., CHITTOOR TALUK, PALAKKAD DISTRICT-678 507. 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.483/2020 (Annexure D) from the Family Court, Palakkad to the Family Court, Thrissur.
2. The petitioner's case, in brief, in the memorandum of transfer petition is that; she is the wife of the respondent. Due to the marital estrangement, she
has filed O.P.No.1782/2020 (Annexure A), O.P. No.2071/20 (Annexure B) and M.C.No.94/2020 (Annexure C) against the respondent before the Family Court, Thrissur, seeking a decree for return of
patrimony, decree of divorce and an order of maintenance, respectively. The respondent is appearing before the Family Court, Thrissur and contesting Annexures A to C. Therefore, Annexure D may also be transferred to the Family Court, Thrissur, so that the cases can be consolidated and jointly tried, which would be convenient for all parties and would save precious judicial time and conflict of decisions. Hence, the transfer petition.
3. Heard; Sri.Anand K., the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.
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 Annexures A to C are already pending before the Family Court, Thrissur, 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 the transfer of O.P.No.483/2020 from the Family Court, Palakkad to the Family Court, Thrissur, 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.483/2020 from the Family Court, Palakkad to the Family Court, Thrissur. The parties would be at liberty to move the Family Court, Thrissur 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, Palakkad with instructions to forthwith transmit the records in Annexure D to the Family Court, Thrissur. The Family Court, Thrissur shall, immediately on receipt of the records in Annexure D, call the case along with Annexures A to C. sd/- C.S.DIAS, JUDGE rkc/20.06.22 APPENDIX OF TR.P(C) 394/2021 PETITIONER ANNEXURES
Annexure A THE TRUE COPY OF OP 1782/2020 FILED BY Annexure B THE TRUE COPY OF O.P 2071/2020 FILED BY Annexure C THE TRUE COPY OF M.C.94/2020 FILED BY Annexure D THE TRUE COPY OF OP 483/2020 FILED BY
THE RESPONDENT HEREIN.