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. 148 OF 2022
TO TRANSFER OPGW 2878/2021 OF FAMILY COURT,TRIVANDRUM TO THE
FAMILY COURT, THRISSUR
PETITIONER/S:
LEKSHMI P.L.
AGED 30 YEARS
D/O.LEKHA S., LEKSHMI NIVAS, T.C.52/991, STUDIO
ROAD, ESTATE P.O., THIRUVANANTHAPURAM, PRESENTLY
RESIDING AT C/O.SANAL DAVIS, ARIMBOOR HOUSE,
KODANNUR P.O., AMMADAM, THRISSUR - 680 563.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
GIREESH CHANDRAN I.S.
AGED 41 YEARS
S/O.SUNDARESHAN NAIR, KRISHNA VILASOM, STUDIO ROAD,
ESTATE P.O., THIRUVANANTHAPURAM - 695 019.
BY ADVS.
AKHIL.S.VISHNU
A.K.ARUN CHANDRAN(K/000744/2016)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 03.06.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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Tr.P (C) No.148 of 2022
C.S DIAS,J.
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Tr.P (C) No.148 of 2022
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Dated this the 3rd day of June, 2022.
ORDER
The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (G &W) No.2878/2021 (Annexure 1) from the Family Court, Thiruvananthapuram to the Family Court, Thrissur.
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 child in their wedlock. Due to the constant threats from the respondent, she has filed WP ( C) 30233/2021 before this Court and Annexure 4 interim order has been passed. The petitioner and the child are residing with a friend at Ammandam, which is just 12 kms away from the Family Court, Thrissur. Whereas, the Family Court, Thiruvananthapuram, is more than 280 kms from her residence. There is no person to 3 Tr.P (C) No.148 of 2022 chaperone the petitioner from Thrissur to Thiruvananthapuram. 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 averments in the transfer petition, particularly the fact that the 4 Tr.P (C) No.148 of 2022 petitioner and the child are residing at Thrissur and it will take them a whole day to travel to the Family Court, Thiruvananthapuram, in order to defend Annexure 1, I am convinced that the petitioner has made out a case to transfer Annexure 1 from the Family Court, Thiruvananthapuram to the Family Court, Thrissur.
6. In 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 the transfer of O.P (G &W) No.2878/2021 from the Family Court, Thiruvananthapuram to the Family Court, Thrissur. The Registry shall forward a copy of this judgment to the Family Court, Thiruvananthapuram with instructions to forthwith transmit the records in Annexure 1 to the Family Court, Thrissur. The Family Court, Thrissur shall, immediately on the receipt of the records in O.P (G &W) 5 Tr.P (C) No.148 of 2022 No.2878/2021, issue notice to the parties for their appearance .
sd/-
Sks/3.6.2022 C.S.DIAS, JUDGE
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Tr.P (C) No.148 of 2022
APPENDIX OF TR.P(C) 148/2022
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE O.P.(G&W) NO.2878/2021 ON
THE FILE OF THE FAMILY COURT,
THIRUVANANTHAPURAM.
Annexure 2 TRUE COPY OF THE STATEMENT OF THE
PETITIONER DATED 27/11/21.
Annexure 3 TRUE COPY OF THE STATEMENT OF APARNA IN
CRIME NO.2234/2021 OF NEMOM POLICE
STATION.
Annexure 4 TRUE COPY OF THE INTERIM ORDER IN WP(C)
NO.30233 OF 2021 DATED 23/12/2021.
Annexure 5 TRUE COPY OF THE INTERIM ORDER IN WP(C)
NO.30233 OF 2021 DATED 18/01/2022.
Annexure 6 TRUE COPY OF THE APPLICATION FOR ADMISSION
OF APARNA CHANDRAN DATED 24/02/2022.