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Tr.P (C) No.492 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. 492 OF 2021
TO TRANSFER OP 2036/2020 OF FAMILY COURT,THRISSUR TO THE
FAMILY COURT, IRINJALAKKUDA
PETITIONER/S:
DENNY
AGED 29 YEARS
D/O JOHNSON,
KANDAMKULATHY HOUSE, MUKUNDAPURAM TALUK, KATTOOR
VILLAGE, P.O, KATTOOR, PIN-680702.
BY ADVS.
SREEDEVI KYLASANATH
ACHUTH KYLAS
JOSELAL GEORGE
R.MAHESH MENON
DEAGO JOHN K
RESPONDENT/S:
KITHO JAMES
AGED 32 YEARS
S/O JAMES,
CHIRAYANKANDATH HOUSE, UDHAYANAGAR ROAD P.O,
ARIMBOOR, PARAKKAD VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT, PIN-680620.
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.492 of 2021
C.S DIAS,J.
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Tr.P (C) No.492 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 No.2036/2020 (Annexure A2) from the Family Court, Thrissur to the Family Court, Irinjalakkuda.
2. The petitioner's case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. Due to the matrimonial cruelty meted out to her by the respondent, she has filed M.C No.192/2020 (Annexure A1) before the Family Court, Irinjalakkuda, seeking an order for maintenance. As a counterblast to the above proceeding, the respondent has filed Annexure A2, seeking a decree of divorce. The respondent has not sought for transfer of Annexure A2. Therefore, necessarily, he would have to contest Annexure A1 before the Family Court, Irinjalakkuda. Hence, the transfer petition. 3 Tr.P (C) No.492 of 2021
3. Heard the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.
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 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 Annexure A1 has already been pending before the 4 Tr.P (C) No.492 of 2021 Family Court, Irinjalakkuda, 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.2036/2020 (Annexure A2) from the Family Court, Thrissur to the Family Court, Irinjalakkuda. 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, Thrissur with instructions to forthwith transmit the records in Annexure A2 to the Family Court, Irinjalakkuda. The Family Court, Irinjalakkuda, shall, immediately on the receipt of the records in Annexure A2, post the case along with Annexure A1.
SD/-
Sks/9.6.2022 C.S.DIAS, JUDGE 5 Tr.P (C) No.492 of 2021 APPENDIX OF TR.P(C) 492/2021 PETITIONER ANNEXURES Annexure A-1 THE TRUE COPY OF THE PETITION FILED BEFORE THE FAMILY COURT IRINJALAKUDA BY THE PETITIONER WHICH IS NUMBERED AS M.C.NO.192/2020.
Annexure A-2 THE TRUE COPY OF THE MEMORANDUM OF OP NO.2036 OF 2020 ON THE FAMILY COURT, THRISSUR ALONG WITH FORM NO.1 SUMMONS DATED 22.07.2021.