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. 217 OF 2022
TO TRANSFER OP 10/2022 OF FAMILY COURT, MALAPPURAM TO THE
FAMILY COURT, THRISSUR.
PETITIONER/S:
KALA
AGED 28 YEARS
D/O. PRAKASAN, 'CHITHRALAYAM, KOOTTANELLOR (P.O),
THRISSUR, PIN-680 014
BY ADV K.RAJESH KANNAN
RESPONDENT/S:
BIJESH
S/O.BALAN, THAZHATHETHIL HOUSE, VALLUVANGAD (P.O),
MALAPPURAM DISTRICT,PIN-676 521
BY ADVS.
RESHMI JACOB
BOBY THOMAS
PAMEELA REMMY JOSE
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.217 of 2022
C.S DIAS,J.
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Tr.P (C) No.217 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 No.10/2022 (Annexure A1) from the Family Court, Malappuram 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 two children born in their wedlock. Due to the matrimonial cruelty meted out to her by the respondent, she had to seek shelter in her parental home. The respondent has filed Annexure A1, seeking a decree for restitution of conjugal rights. The petitioner has filed M.C 74/2022 (Annexure A2) before the Family Court, Thrissur, seeking an order of maintenance for herself and children. The petitioner and the children would find it difficult to travel all the 3 Tr.P (C) No.217 of 2022 way from Thrissur to Malappuram to contest Annexure A1. Moreover, the respondent has not filed any proceeding to transfer Annexure A2 to the Family Court, Malappuram. Therefore, necessarily, he would have to contest Annexure A2 before the Family Court, Thrissur. 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 [2002 KHC 1889], Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489] and Santhini V. Vijaya Venkatesh [2017 (5) KHC 48]. The Hon'ble Supreme Court has held that it is the convenience of 4 Tr.P (C) No.217 of 2022 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 Thrissur, 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 No.10/2022 from the Family Court, Malappuram to the Family Court, Thrissur. The parties would be at liberty to seek for consolidation and joint trial of all the cases between them. The Registry shall forward a copy of this judgment to the Family Court, Malappuram with instructions to forthwith transmit the records in 5 Tr.P (C) No.217 of 2022 Annexure A1 to the Family Court, Thrissur. The Family Court, Thrissur shall, immediately on the receipt of the records in O.P No.10/2022, call Annexure A1 along with Annexure A2.
sd/-
Sks/3.6.2022 C.S.DIAS, JUDGE 6 Tr.P (C) No.217 of 2022 APPENDIX OF TR.P(C) 217/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE OP NO.10/2022 FILED BY THE RESPONDENT AGAINST THE PETITIONER BEFORE THE HONOURABLE FAMILY COURT, MALAPPURAM DATED 01.01.2022 Annexure A2 TRUE COPY OF THE MC NO.74/2022 FILED BY THE PETITIONER AGAINST THE RESPONDENT ON THE FILE HONOURABLE FAMILY COURT, THRISSUR DATED 08.02.2022