TR.P(C) NO. 155 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. 155 OF 2022
ARISNG OUT OF OP 1208/2021 OF FAMILY COURT,KOZHIKODE
PETITIONER/S:
ASHLIN P JOSE @ALPHONSA,
AGED 28 YEARS
D/O.JOSEPH P.P., PULICKKAL HOUSE, PULIPPARAMBU,
THALIPPARAMBU P.O., KANNOORE - 670 141.
BY ADV RESMI NANDANAN
RESPONDENT/S:
JOJY ANTONY
AGED 29 YEARS
S/O.ANTONY, KUTTIKKADAN HOUSE, PERIYANGADI PARAMBU,
CHEVAYOORE P.O., KOZHIKODE - 673 017.
BY ADVS.
P.S.SUJETH
M.R.REENA
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. 155 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.1208/2021 (Annexure A1) from the Family Court, Kozhikode to the Family Court, Kannoor.
2. The petitioner's case, in brief, in the memorandum of transfer petition is that; she is the respondent in Annexure A1, which is filed by the respondent - her husband, seeking a decree of restitution of conjugal rights. The petitioner has filed O.P.No.1050/2021 (Annexure A2) before the Family Court, Kannoor, seeking a decree for return of money and gold ornaments. The petitioner is residing with her parents at Kannoor and there is no person to chaperone her from Kannoor to Kozhikode to contest Annexure A1. More over, the respondent has not filed any proceeding, seeking the transfer of Annexure A2 from the Family Court, Kannoor to the Family Court, Kozhikode. Therefore, necessarily, he TR.P(C) NO. 155 OF 2022 3 would have to contest Annexure A2 before the Family Court, Kannoor.
3. The respondent has filed a counter affidavit refuting the allegations in the transfer petition. He has contended that the sole intention of the petitioner in filing the transfer petition is to harass the respondent. The petitioner is working in a private hospital at Kozhikode and residing in a hostel there. Therefore, she can very well contest Annexure A1 before the Family Court, Kozhikode. Hence, the transfer petition may be dismissed.
4. Heard; the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
5. It is an undisputed fact that the petitioner has filed Annexure A2 before the Family Court, Kannoor. It is thereafter that the respondent has filed Annexure A1 before the Family Court, Kozhikode. The respondent has not sought for transfer of Annexure A2. Even though he has alleged that the petitioner is working and residing at TR.P(C) NO. 155 OF 2022 4 Kozhikode, there is no material to substantiate the said allegation. Likewise, if Annexure A1 is transferred to the Family Court, Kannoor, it can be consolidated and jointly tried with Annexure A2, which would save precious judicial time, avoid multiplicity of proceedings and conflicting decisions.
6. 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.
7. In the light of the pleadings and materials on TR.P(C) NO. 155 OF 2022 5 record, the totality of the facts and circumstances of the case 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.1208/2021 from the Family Court, Kozhikode to the Family Court, Kannoor. The Registry shall forward a copy of this judgment to the Family Court, Kozhikode with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Kannoor. The Family Court, Kannoor shall, immediately on receipt of the records in O.P.No.1208/2021, call the case along with Annexure A2.
Sd/-
C.S.DIAS, JUDGE rkc/03.06.22 TR.P(C) NO. 155 OF 2022 6 APPENDIX OF TR.P(C) 155/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE O.P.NO.1208/2021 FILED BY THE RESPONDENT HEREIN BEFORE THE HONOURABLE FAMILY COURT, KOZHIKODE. Annexure A2 TRUE COPY OF THE O.P.NO.1050/2021 FILED BY THE PETITIONER BEFORE THE HONOURABLE FAMILY COURT, KANNOORE.