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Tr.P (C) No.467 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
TR.P(C) NO. 467 OF 2021
TO TRANSFER OPDIV 1562/2019 OF FAMILY COURT,ERNAKULAM TO THE
FAMILY COURT, ETTUMANOOR.
PETITIONER/S:
MARIA SEBASTIAN
AGED 31 YEARS
D/O. SEBASTIAN, RESIDING AT KAILAATHU HOUSE,
THRIKKODITHANAM P.O., CHANGANASSERY, KOTTAYAM
DISTRICT-686 105
BY ADVS.
T.J.MICHAEL
R.KRISHNAKUMAR (CHERTHALA)
RESPONDENT/S:
JOEL MATHEW
S/O. MATHEW, KUTTIKANDATHIL HOUSE, DOOR NO.301,
ROSE APARTMENTS, SHENOY ROAD, KALOOR, ERNAKULAM,
KOCHI-682 017
BY ADV BABU CHERUKARA
THIS TRANSFER PETITION (CIVIL) HAVING COME
UP FOR ADMISSION ON 09.06.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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Tr.P (C) No.467 of 2021
C.S DIAS,J.
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Tr.P (C) No.467 of 2021
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Dated this the 9th day of June, 2022.
ORDER
The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (Div) No.1562/2019 (Annexure A1) from the Family Court, Ernakulam to the Family Court, Ettumanoor.
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 four year old son born in their wedlock. Due to the matrimonial cruelty meted out to her, she was constrained to file Annexure A1 seeking a decree of divorce. Subsequently, she has filed OP (G&W) 885/2021 (Annexure A2) before the Family Court, Ettumanoor, seeking an order to appoint her as the legal guardian of the child. The petitioner and the child are residing at Ettumannor. Therefore, it would be convenient to both sides if Annexure A1 is transferred to the Family Court, Ettumanoor, so that it 3 Tr.P (C) No.467 of 2021 can be consolidated and jointly tried with Annexure A2. Hence, the transfer petition.
3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
4. The learned counsel appearing for the respondent submitted that the respondent has no serious objection in ordering the transfer of Annexure A1 from the Family Court, Ernakulam, to the Family Court, Ettumanoor.
5. 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.467 of 2021 the woman and children that has to be looked into, while ordering the transfer of a case from one Court to another.
6. In the light of the law laid down in the aforecited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that the respondent has no objection in transfer petition being allowed, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transer of the case.
In the result, I allow the transfer petition by ordering the transfer of O.P (Div) No.1562/2019 from the Family Court, Ernakulam to the Family Court, Ettumanoor. 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, Ernakulam, with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Ettumanoor. The 5 Tr.P (C) No.467 of 2021 Family Court, Ettumanoor, shall, immediately on the receipt of the records in Annexure A1, call the case with Annexure A2.
sd/-
Sks/9.6.2022 C.S.DIAS, JUDGE 6 Tr.P (C) No.467 of 2021 APPENDIX OF TR.P(C) 467/2021 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE PETITION OP (DIV) NO.1562/2019 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 01.07.2019 Annexure A2 A TRUE COPY OF THE PETITION O.P(G &W ) NO.885/2021 PENDING ON THE FILE OF THE FAMILY COURT, ETTUMANOOR DT 12.07.2021