IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
TR.P(C) NO. 682 OF 2021
IN OP(HMA) 835/2020 OF FAMILY COURT,THIRUVANANTHAPURAM
PETITIONER:
DEEPTHI M.R
AGED 45 YEARS
D/O REMADEVI,
SIVADAS BHAVAN, MANALIL PADINJATTATHIL, KURREEPPUZA,
KAVANAD P.O, KOLLAM TALUK, KOLLAM DISTRICT-691003.
BY ADVS.
R.RAJESH (VARKALA)
MANU RAMACHANDRAN
M.KIRANLAL
T.S.SARATH
SAMEER M NAIR
GEETHU KRISHNAN
HARSHA SUSAN SAM
RESPONDENT:
DR. JAIRAM
AGED 54 YEARS
S/O DEVAPPA,
T C 27/1912, DEVIPRASAD, RSHIMANGALAM,
MATHRUBHOOMI ROAD,
VANCHIYOOR P.O, THIRUVANANTHAPURAM DISTRICT-695035.
BY ADVS.
S.BALACHANDRAN (KULASEKHARAM)
V.R.GOPU
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NO. 682 OF 2021
2
ORDER
The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P (HMA)No.835/2020 (Annexure A2) pending on the file of the Family Court, Thiruvananthapuram to the Family Court, Kollam.
2. The petitioner's case, in brief, in the memorandum of transfer petition is that; she is the wife of the respondent. The petitioner has filed M.C No.66/2020 (Annexure A1) before the Family Court, Kollam. Immediately, thereafter, the respondent has filed Annexure A2, seeking a decree of divorce. The petitioner has also filed O.P No.49/2021(Annexure A3) before the same court, seeking a decree for recovery of money and gold ornaments, and O.P. No.50/2021 (Annexure A4), seeking to set aside a document and for declaration of title. It would be difficult for the petitioner to travel from Kollam to Thiruvananthapuram, to contest TR.P(C) NO. 682 OF 2021 3 Annexure A2. The petitioner has suffered a stroke as evident from Annexure A5. The respondent has not sought for the transfer of Annexures A1, A3 and A4. Hence, the transfer petition.
3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
4. It is undisputed that the petitioner has instituted Annexures A1, A3 and A4 before the Family Court, Kollam, which are pending consideration. The respondent has not sought for the transfer of those cases to the Family Court, Thiruvananthapuram. Therefore, necessarily, he would have to appear before the Family Court, Kollam to contest the above cases. Moreover, as can be seen from Annexure A5, the petitioner has suffered a stroke and is under treatment. Similarly, if all the four cases are decided by the same court, they can be consolidated and jointly tried, which would save the precious judicial time and avoid inconvenience to both TR.P(C) NO. 682 OF 2021 4 sides.
5. 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 Honourable 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.
6. In the light of the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, and the law laid down by the Hon'ble Supreme Court in the aforecited decisions, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure by TR.P(C) NO. 682 OF 2021 5 ordering the transfer of the above original petition.
In the result, the transfer petition is allowed by ordering the transfer of O.P.835/2020 from the Family Court, Thiruvananthapuram to the Family Court, Kollam. The Registry shall forward a copy of this judgment to the Family Court, Thiruvananthapuram with instructions to forthwith transmit the records in Annexure A2 to the Family Court, Kollam. The parties would be at liberty to move the Family Court, Kollam and seek for the consolidation and joint trial of all the cases. The Family Court, Kollam shall, immediately on receipt of the records in Annexure A2, post the case along with AnnexuresA1, A3 and A4.
Sd/-
C.S.DIAS, JUDGE rmm03/06/2022 TR.P(C) NO. 682 OF 2021 6 APPENDIX OF TR.P(C) 682/2021 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE MC NO.66/2020 ON THE FILES OF FAMILY COURT, KOLLAM FILED BY PETITIONER -WIFE FOR MAINTENANCE.
Annexure A2 THE TRUE COPY OF THE OP (H M A) NO.835/2020 FOR DIVORCE FILED RESPONDENT HUSBAND ON THE FILES OF FAMILY COURT, THIRUVANANTHAPURAM.
Annexure A3 THE TRUE COPY OF THE OP NO.49/2021 BEFORE THE FAMILY COURT, KOLLAM.
Annexure A4 THE TRUE COPY OF THE OP NO.50/2021 BEFORE THE FAMILY COURT, KOLLAM.
Annexure A5 THE DISCHARGE SUMMARY OF THE PETITIONER.
RESPONDENT'S EXHIBITS NIL