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. 348 OF 2021
TO TRANSFER OPGW 396/2020 OF FAMILY COURT, TIRUR TO THE
FAMILY COURT OTTAPALAM.
PETITIONER/S:
ATHIRA K.P
AGED 28 YEARS
D/O. GOVINDANKUTTY, AMMETH HOUSE, THIRUMITTACODE
POST, PATTAMBI TALUK, PALAKKAD DISTRICT 679 536
BY ADV R.SREEHARI
RESPONDENT/S:
AJITH
AGED 37 YEARS
S/O. ASHOKAN NAIR,PANDARATHIL HOUSE, KRISHNA KRIPA,
PONNANI NAGARAM AMSOM, PALLAPROM DESOM, PONNANI
POST, PONNANI TALUK, MALAPPURAM DISTRICT 679 577
BY ADVS.
K.P.PRADEEP
HAREESH M.R.
RASMI NAIR T.
T.T.BIJU
T.THASMI
M.J.ANOOPA
THIS TRANSFER PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 03.06.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2
Tr.P (C) No.348 of 2021
C.S DIAS,J.
---------------------------
Tr.P (C) No.348 of 2021
-----------------------------
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.396/2020 (Annexure A2) from the Family Court, Tirur to the Family Court, Ottapalam.
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 sons, who are aged 4½ and 3 years born in the wedlock. Due to the matrimonial cruelty meted out on her by the respondent, the Pattambi Police have registered Crime No.66/2020 against the respondent. The respondent has filed Annexure A2, seeking an order for custody of the children. The petitioner and the children are residing at Pattambi in the petitioner's natal home. There is no person to chaperone the petitioner and the 3 Tr.P (C) No.348 of 2021 children from Pattambi to Tirur. Being a custody matter, necessarily, the children would also have to travel to the Family Court at Tirur, which is more than 100 kms from their residence, and would cause severe hardship and inconvenience to the petitioner and the children. 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], Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)] Valsal Nisha v. Rajesh Soman Nair [2020(8) KLR 475]. The 4 Tr.P (C) No.348 of 2021 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 petitioner and two minor children are residing at Pattambi, 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.396/2020 from the Family Court, Tirur, to the Family Court, Ottapalam. The Registry shall forward a copy of this judgment to the Family Court, Tirur with instructions to forthwith transmit the records in Annexure A2 to the Family Court, Ottapalam. The Family Court, Ottapalam shall, 5 Tr.P (C) No.348 of 2021 immediately on the receipt of the records in Annexure A2, issue notice to the parties for their appearance .
sd/-
Sks/3.6.2022 C.S.DIAS, JUDGE
6
Tr.P (C) No.348 of 2021
APPENDIX OF TR.P(C) 348/2021
PETITIONER ANNEXURES
Annexure A1 PHOTO COPY OF MARRIAGE CERTIFICATE
Annexure A2 PHOTO COPY OF OP(G AND W) 396/2020 OF
FAMILY COURT, TIRUR