TR.P(C) NO. 809 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
TR.P(C) NO. 809 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 2059/2021 OF FAMILY
COURT,THRISSUR
PETITIONER:
RENJU
AGED 29 YEARS
D/O.RAJAN, KARANGADU HOUSE, MIKAVU POST, KOODATHAI
VILLAGE, KANJIRAD, THAMARASSERY TALUK, KOZHIKKODE
-573573 (KODENCHERY POLICE STATION).
BY ADV SHERLY MOL THOMAS
RESPONDENT:
RAJESH,
AGED 37 YEARS,
S/O. RAJAN, NALLUPURACKAL HOUSE, KANDANACHERRY P.O,
KUNNAMKULAM, GURUVAYOOR, THRISSUR -680102
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NO. 809 OF 2021
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ORDER
The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.2059/2021 (Annexure A2) from the Family Court, Thrissur to the Family Court, Kozhikode.
2. The petitioner's case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They are issue-less. Due to the matrimonial cruelty meted out on the petitioner, she was constrained to file O.P. 1164/2020 (Annexure-A1) before the Family Court, Kozhikode, seeking a decree to declare their marriage as null and void. As a counter-blast to the above proceeding, the respondent has filed Annexure-A2, seeking a decree for restitution of conjugal rights. There is no person to chaperone the petitioner from Thamarassery to the Family Court, Thrissur to defend Annexure A2. The respondent has not sought for the transfer of Annexure A1. Therefore, necessarily he would have to appear before the Family Court, TR.P(C) NO. 809 OF 2021 3 Kozhikode to contest Annexure -A1. Hence the the transfer petition.
3. Heard the learned counsel appearing for the petitioner. Even though notice has been served on the respndent, 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 law laid down by the Hon'ble Supreme Court in the aforecited decisions, the uncontroverted pleadings and materials on record, the TR.P(C) NO. 809 OF 2021 4 totality of the facts and circumstances of the case, particularly the fact that Annexure A1 is pending before the Family Court, Kozhikode, and that the respondent has not sought for the transfer of the said case, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transfer of Annexure A2 from the Family Court, Thrissur to the Family Court, Kozhikode, so that the cases can be consolidated and jointly tried which would save precious judicial time and conflict of decisions.
In the result, I allow the transfer petition by ordering the transfer of O.P No.2059/2021 from the Family Court, Thrissur to the Family Court, Kozhikode. The parties would be at liberty to move the Family Court, Kozhikode to seek for the consolidation and joint trial of all the cases between them. Registry shall forward a copy of this order to the Family Court, Thrissur with instructions to forthwith transmit the records in Annexure A2 to the Family Court, Kozhikode. The Family Court, Kozhikode shall, immediately on the TR.P(C) NO. 809 OF 2021 5 receipt of the records in Annexure-A2, post the case along with Annexure A1.
Sd/-
14.6.2022 C.S.DIAS, JUDGE
/TRUE COPY/
TR.P(C) NO. 809 OF 2021
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PETITIONER'S EXHIBITS:
ANNEXURE A1: TRUE COPY OF O.P. NO.1164/2020 FILED BY THE PETITIONER BEFORE FAMILY COURT, KOZHIKODE RESPONDENT'S EXHIBITS ANNEXURE A2 TRUE COPY OF O.P. NO.2059/2021 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR