TR.P(C) NO. 214 OF 2022
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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. 214 OF 2022
OP 335/2022 OF FAMILY COURT,KOZHIKODE
PETITIONER/S:
FATHIMATH ANASIYA, AGED 26 YEARS, W/O. MUHAMMED
UNAIS & D/O. ASMABI K,NEDUMPALA HOUSE, KAKKAVAYAL
P.O.,MUTTIL, VYTHIRI TALUK, KALPETTA,WAYANAD
DISTRICT, PIN - 673122
BY ADV MATHEW KURIAKOSE
RESPONDENT/S:
MUHAMMED UNAIS, AGED 31 YEARS, S/O. ABDURAHIMAN,
KULIKUNNUNMAL HOUSE, KOODATHAYI P.O.,KOODATHAYI
VILLAGE, THAMARASSERY TALUK,KOZHIKKODE DISTRICT
, PIN - 673573
BY ADVS.
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH
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. 214 OF 2022
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ORDER
The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P. No.335/2022 (Annexure A) from the Family Court, Kozhikode to the Family Court, Kalpetta.
2. The petitioner's case, in brief, in the memorandum of transfer petition is that; she is the wife of the respondent. They have two minor children born in their wedlock. Due to the strain in the matrimonial relationship, the petitioner is residing with her children in her natal home in Kalpetta. The petitioner has no means to maintain herself. The respondent has filed Annexure A seeking a decree for restitution of conjugal rights only to harass the petitioner. The distance between the petitioner's residence and the Family Court at Kozhikode is more than 100 kilometers. The petitioner would have to travel with her children from Kalpetta to Kozhikode to contest Annexure A, which would be difficult for them. On the other hand, the respondent can very easily travel to the Family Court, TR.P(C) NO. 214 OF 2022 3 Kalpetta. 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 uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that the TR.P(C) NO. 214 OF 2022 4 petitioner and the two minor children are residing at Kalpetta, and the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure.
In the result, I allow the transfer petition by ordering transfer of O.P.No.335/2022 from the Family Court, Kozhikkode to the Family Court, Kalpetta. The Registry shall forward a copy of this judgment to the Family Court, Kozhikkode with instructions to forthwith transmit the records in Annexure A to the Family Court, Kalpetta. The Family Court, Kalpetta shall, immediately on receipt of the records in Annexure A, issue notice to the parties for their appearance.
Sd/-
C.S.DIAS, JUDGE rkc/03.06.22 TR.P(C) NO. 214 OF 2022 5 APPENDIX OF TR.P(C) 214/2022 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE PETITION IN O.P. NO. 335 OF 2022 FROM THE FILES OF THE FAMILY COURT, KOZHIKODE Annexure B TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER HEREIN IN O.P. NO. 335 OF 2022 ON THE FILES OF THE FAMILY COURT, KOZHIKODE