TR.P(C) NO. 459 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. 459 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP 605/2021 OF FAMILY COURT,
ALAPPUZHA
PETITIONER/RESPONDENT:
THUSHARA P. RAJ,
AGED 26 YEARS,
W/O.SAIJU SATHEESAWN, THONDUM THARA, THEKKETHIL,
THARAYIL KUNNU, ALUMKADAVU P.O., KOLLAM - 690 573.
BY ADV M.R.SASITH
RESPONDENT/PETITIIONER:
SAIJU SATHEESAN
AGED 33 YEARS
S/O.SATHEESAN, VELLOM THENDIL, KAKKAZHOM P.O.,
ALAPPUZHA - 688 005.
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. 459 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 605/2021 (Annexure A2) from the Family Court, Alappuzha to the Family Court, Chavara.
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 two year old son born in their wedlock. Due to the marital estrangement between the couple, the petitioner has filed O.P.550/2021 and MC No.135/2021 (Annexures A1 and A3) before the Family Court, Chavara, seeking a decree for return of gold ornaments and an order of maintenance, respectively. As a counter-blast to the above proceedings, the respondent has filed Annexure A2 before the Family Court, Alappuzha seeking a decree for restitution of conjugal rights. The petitioner and her child are residing in Kollam. There is no person to chaperone them from Kollam to Alappuzha. TR.P(C) NO. 459 OF 2021 3 Moreover, the respondent has not sought for the transfer of Annexures A1 and A3. Therefore, necessarily he would have to appear before the Family Court at Chavara. Hence the transfer petition.
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. TR.P(C) NO. 459 OF 2021 4
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 totality of the facts and circumstances of the case, particularly the fact that Annexures A1 and A3 are pending before the Family Court, Chavara and the petitioner is a lady, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and transfer Annexure A2 from the Family Court, Alappuzha to the Family Court, Chavara, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions.. In the result, I allow the transfer petition by ordering the transfer of O.P No.605/2021 from the Family Court, Alappuzha to the Family Court, Chavara. The parties would be at liberty to move the Family Court, Chavara 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, Alappuzha with instructions to TR.P(C) NO. 459 OF 2021 5 forthwith transmit the records in Annexure A2 to the Family Court, Chavara. The Family Court, Chavara shall immediately on the receipt of the records in Annexure-A2, call the case along with Annexures A1 and A3.
ma/14.6.2022 Sd/- C.S.DIAS, JUDGE
TR.P(C) NO. 459 OF 2021
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APPENDIX OF TR.P(C) 459/2021
RESPONDENT ANNEXURES
Annexure A1 TRUE COPY OF OP 550/2021 FILED BY
PETITIONER BEFORE THE HON'BLE FAMILY
COURT, CHAVARA, KOLLAM.
PETITIONER ANNEXURES
Annexure A2 TRUE COPY OF OP NO.605/2021 FILED BY THE
RESPONDENT BEFORE FAMILY COURT, ALAPPUZHA. Annexure A3 TRUE COPY OF M.C.NO.135/2021 FILED BY THE PETITIONER BEFORE THE HON'BLE FAMILY COURT, CHAVARA, KOLLAM.