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Tr.P (C) No.667 of 2021
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. 667 OF 2021
TO TRANSFER OP 1299/2021 OF FAMILY COURT, KOTTAYAM
PETITIONER/S:
ASHA THOMAS
AGED 33 YEARS
D/O K.O.THOMAS, KAVUNKAL (H), NELLICKAMON
P.O.ANGADI VILLAGE, RANNI TALUK, PATHANAMTHITTA
DISTRICT-689 674
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
SAMEER M NAIR
T.S.SARATH
GEETHU KRISHNAN
HARSHA SUSAN SAM
RESPONDENT/S:
JUSTIN JOSEPH, AGED 39 YEARS
S/O LATE JOSEPH, THARAYIL (H), KALLARA
P.O.KADUTHURUTHY, VAIKOM TALUK, KOTTAYAM DISTRICT-
686 611
BY ADV A.K.HARIDAS
THIS TRANSFER PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 14.06.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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Tr.P (C) No.667 of 2021
C.S DIAS,J.
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Tr.P (C) No.667 of 2021
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Dated this the 14th 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.1299/2021 (Annexure A3) from the Family Court, Ettumanoor to the Family Court, Pathanamthitta.
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 daughter born in their wedlock. Due to the matrimonial cruelty meted out on the petitioner, she was constrained to file OP No.1149/2021 (Annexure A1) and MC No.213/2021 (Annexure A2) before the Family Court, Pathanamthitta, seeking a decree for return of money and gold ornaments and an order of maintenance, respectively. As a counterblast to the above proceedings, the respondent has filed Annexure A3, seeking a decree of divorce. The 3 Tr.P (C) No.667 of 2021 petitioner and her daughter are residing at Ranni, Pathanamthitta. It would be difficult for them to travel all the way from Ranni to Ettumannoor to contest Annexure A3. Moreover, the respondent has also not sought for transfer of Annexures A1 and A2. Therefore, necessarily, he would have to appear before the Family Court, Pathanamthitta to contest Annexures A1 and A2. Hence, Annexure A3 may be ordered to be transferred.
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 4 Tr.P (C) No.667 of 2021 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 in the afore- cited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that Annexures A1 and A2 are pending consideration before the Family Court, Pathanamthitta, and that the petitioner and her daughter are permanent residents of Ranni which is within the jurisdiction of Family Court, Pathanamthitta, I deem it appropriate to order transfer of Annexure A3, from the Family Court, Ettumanoor to the Family Court, Pathanamthitta,, so that the cases can be consolidated and jointly tried, which would avoid conflict of decisions and save precious judicial time.
In the result, I allow the transfer petition by ordering the transfer of O.P No.1299/2021 from the Family Court, Ettumanoor to the Family Court, Pathanamthitta. The parties would be at liberty to move 5 Tr.P (C) No.667 of 2021 the Famiy Court, Pathanamthitta 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, Ettumanoor with instructions to forthwith transmit the records in Annexure A3 to the Family Court, Pathanamthitta. The Family Court, Pathanamthitta, shall, immediately on the receipt of the records in Annexure A3, post the case along with Annexures A1 and A2.
SD/-
Sks/14.6.2022 C.S.DIAS, JUDGE
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Tr.P (C) No.667 of 2021
APPENDIX OF TR.P(C) 667/2021
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE OP 1149/2021 BEFORE
THE FAMILY COURT, PATHANAMTHITTA SEEKING RETURN OF THE GOLD AND PATERNAL SHARE AMOUNT ETC FILED BY PETITIONER WIFE Annexure A2 THE TRUE COPY OF THE MC NO 213/2021 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA FOR THE MAINTENANCE OF MINOR CHILD Annexure A3 THE TRUE COPY OF THE OP NO 1299/2021 FOR DIVORCE FILED BY RESPONDENT-HUSBAND ON THE FILES OF FAMILY COURT, ETTUMANOOR