Bindhu vs Biju V

Bindhu vs BIJU V

Type Court Judgment Court Kerala Decided Aug 02, 2022

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https://sooperkanoon.com/case/1500510

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Citation: sooperkanoon.com/1500510
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Aug 02, 2022
Case Number: Tr.P(C)/432/2021

Parties & Advocates

Appellant / Petitioner

Bindhu

Respondent

BIJU V

Excerpt

.....[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-:4:- 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 theafore-cited decisions, the uncontroverted pleadings and materials on record, especially the fact that annexure-a is already pending before the family court, mavelikkara and the respondent is contesting the proceedings there, i am inclined to exercise the discretionary powers of this court under section 24 of the c.p.c. and order the transfer of annexure-b from the family court, kollam to the family court, mavelikkara, so that the cases can be consolidated and jointly tried by the same court, which would save precious judicial time and avoid conflict of decisions.in the result,(i) the transfer petition is allowed, by ordering the transfer of o.p.no.828/2021 from the family court, kollam to the family court, -:5:- mavelikkara.(ii) the parties would be at liberty to move the family court, mavelikkara and seek for consolidation and joint trial of the proceedings between them.(iii) the registry shall forthwith forward a copy of the order to the family court, kollam with instructions to transmit the records in annexure-b to the family court, mavelikkara.(iv) the family court, mavelikkara shall,immediately on receipt of the records in annexure-b, post the case along with annexure-a. sd/- c.s.dias,judge dst/02.08.22 //true copy/ p.a.to judge -:6:- appendix petitioner annexure: annexure a a true copy of the original petition in o.p.(hma)no.978/2021 of the family court, mavelikara. annexure b a true copy of the original petition in o.p.no.828/2021 of the family court, kollam respondent’s exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 2ND DAY OF AUGUST 2022 / 11TH SRAVANA, 1944 TR.P(C) NO. 432 OF 2021 IN OP NO.828/2021 OF FAMILY COURT,KOLLAM PETITIONER/RESPONDENT: BINDHU, AGED 43 YEARS, W/O.BIJU,.V, KOTTARAMTHOPPIL HOUSE, KANDIYOOR MURI, MAVELIKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT-690103. BY ADVS. RINNY STEPHEN CHAMAPARAMPIL ASHA ELIZABETH MATHEW RESPONDENT/PETITIONER: BIJU V, S/O VAMADEVAN, RESIDING AT 28A-GURUDEV NAGAR, NIKHILAM AMACHIRAVAYAL, MARUTHADY.P.O, SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT-691003. BY ADV M.RAJESH THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 2nd 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.828/2021 (Annexure-B), from the Family Court, Kollam, to the Family Court, Mavelikkara.

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 son born in the wedlock. Due to the matrimonial cruelty that was meted out on her by the respondent, she was constrained to leave the

matrimonial               home.         She       has         filed        O.P.
(HMA)No.978/2021(Annexure-A)                     before       the      Family
Court, Mavelikkara, against the                  respondent, seeking a
decree of divorce.              The respondent is contesting the

proceedings there. Thereafter, he has filed Annexure-B, against the petitioner seeking a decree for restitution of conjugal rights. The petitioner and the child are residing -:3:- at Mavelikkara. Therefore, it would be difficult for them to travel from Mavelikkara to Kollam, to contest Annexure-B. Hence, the transfer petition.

3. Heard; Sri. Rinny Stephen Chamaparampil, the learned counsel appearing for the petitioner and Sri. M. Rajesh, 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], 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

-:4:- 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, especially the fact that Annexure-A is already pending before the Family Court, Mavelikkara and the respondent is contesting the proceedings there, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. and order the transfer of Annexure-B from the Family Court, Kollam to the Family Court, Mavelikkara, so that the cases can be consolidated and jointly tried by the same court, which would save precious judicial time and avoid conflict of decisions.

In the result,

(i) The transfer petition is allowed, by ordering the transfer of O.P.No.828/2021 from the Family Court, Kollam to the Family Court, -:5:- Mavelikkara.

(ii) The parties would be at liberty to move the Family Court, Mavelikkara and seek for consolidation and joint trial of the proceedings between them.

(iii) The Registry shall forthwith forward a copy of the order to the Family Court, Kollam with instructions to transmit the records in Annexure-B to the Family Court, Mavelikkara.

(iv) The Family Court, Mavelikkara shall,

immediately on receipt of the records in Annexure-B, post the case along with Annexure-A. Sd/- C.S.DIAS,JUDGE DST/02.08.22 //True copy/ P.A.To Judge -:6:- APPENDIX PETITIONER ANNEXURE: ANNEXURE A A TRUE COPY OF THE ORIGINAL PETITION IN O.P.(HMA)NO.978/2021 OF THE FAMILY COURT, MAVELIKARA. ANNEXURE B A TRUE COPY OF THE ORIGINAL PETITION IN O.P.NO.828/2021 OF THE FAMILY COURT, KOLLAM RESPONDENT’S EXHIBITS: NIL

Same Court & Year Kerala · 2022 Same Parties Bindhu vs BIJU V Same Judge Honourable Mr.Justice C.S.Dias