Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944 TR.P(C) NO. 421 OF 2021 OP(DIV) NO.114/2021 OF FAMILY COURT, OTTAPPALAM PETITIONER/OPPOSITE PARTY: JAYANTHI A. AGED 41 YEARS, D/O.SURENDRANATH, THOTTATHIL HOUSE, MANNAR POST, CHENGANNOOR, ALAPPUZHA DISTRICT, PIN CODE - 689 622. NOW RESIDING AT LALITHALAYAM HOUSE, VALAYANCHIRAYANGARA POST, NEAR SSV COLLEGE JUNCTION, PERUMBAVOOR, ERNAKULAM DISTRICT, KERALA, PIN - 683 556. BY ADV SAJI SANKARAN NAIR RESPONDENT/PETITIONER: PRASAD V. AGED 45 YEARS, S/O.NARAYANAN NAIR, THARAMEL, CHAKKALIL HOUSE, PERINGODE POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN CODE - 679 535. BY ADV P.JAYARAM THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 17th day of June,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.114/2021 (Annexure-1), from the Family Court, Ottappalam, 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. Due to the matrimonial cruelty that was meted out on her by the respondent, she was constrained to leave the matrimonial home. Now, the respondent has filed Annexure-1, seeking a decree of divorce. The petitioner is a destitute woman residing in her parental home. There is no person to chaperone her from Perumbavoor to Ottappalam to defend
-:3:- Annexure-1. 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 of 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], Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)] 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
-:4:- 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, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. and order the transfer of the case. In the result, I allow the transfer petition by ordering the transfer of O.P. No.114/2021 from the Family Court, Ottappalam, to the Family Court, Ernakulam. The Registry shall forward a copy of this
order to the Family Court, Ottappalam, with
instructions to forthwith transmit the records in Annexure-1 to the Family Court, Ernakulam. The Family Court, Ernakulam shall, immediately on the receipt of the records in the above case, issue notice to
-:5:- the parties for their appearance. Sd/- C.S.DIAS,JUDGE DST/17.06.22 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURE ANNEXURE A1 TRUE COPY OF PETITION FILED BY THE RESPONDENT AS O.P.(DIVORCE) 114/2021 BEFORE THE FAMILY COURT, OTTAPPALAM, DATED THIS THE 27TH DAY OF AUGUST 2021. RESPONDENT’S EXHIBITS: NIL