TR.P(C) NO. 42 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
TR.P(C) NO. 42 OF 2021
OP 1138/2020 OF FAMILY COURT,TRIVANDRUM
PETITIONER/S:
DR.PRIYA AJITH KUNNEL
AGED 26 YEARS
W/O. DR. THOMAS PAUL, FLAT NO.102, CONFIDENT
ANTLIA III, THANNIKKAL JUNCTION, ELAMAKKARA P.O.,
ERNAKULAM-682 026.
BY ADVS.
SRI.SAJAN MANNALI
SRI.AADITHYAN S.MANNALI
RESPONDENT/S:
DR. THOMAS PAUL
AGED 32 YEARS
S/O. ADV.ABEY PAUL, EDATTEL, MUTTADA P.O., PATTOM
VILLAGE, THIRUVANANTHAPURAM-695 025.
BY ADVS.
SRI.SHAJIN S.HAMEED
SHRI.MELWIN BYJU
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
TR.P(C) NO. 42 OF 2021
2
ORDER
The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.1138/2020 from the Family Court, Thiruvananthapuram to the Family Court, Ernakulam.
2. The petitioner's case in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. The respondent has treated the petitioner with matrimonial cruelty. He has now filed O.P.No.1138/2020 before the Family Court, Thiruvananthapuram, seeking a decree of divorce. The petitioner is suffering from severe disk prolapse since 2017. She has been advised surgery. Exts.P8 to P12 substantiate this aspect. The petitioner is residing with her mother in Ernakulam. There is no person to chaperone her from Ernakulam to Thiruvananthapuram to contest O.P.No.1138/2020. More over, since the respondent's father is a practicing Lawyer at Thriuvananthapuram, the petitioner apprehends that he TR.P(C) NO. 42 OF 2021 3 would tamper with the case. Hence, the transfer petition.
3. Heard; Smt. K. Sunitha Vinod, the learned counsel appearing for the petitioner and Sri. Shajin S.Hameed, 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 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- TR.P(C) NO. 42 OF 2021 4 cited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, especially the fact that the petitioner is residing at Ernakulam and she is suffering from severe back ailment, as evidenced by Exts.P8 to P12 and there is no person to accompany her from Ernakulam to Thriuvananthapuram, 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 O.P.No.1138/2020 from the Family Court, Thiruvananthapuram to the Family Court, Ernakulam.
In the result, I allow the transfer petition as follows:-
(i) O.P No.1138/2020 is transferred from the Family Court, Thiruvananthapuram to the Family Court, Ernakulam.
(ii) The Registry shall forward a copy of this order to the Family Court, Thiruvananthapuram with instructions to forthwith transmit the records in TR.P(C) NO. 42 OF 2021 5 O.P.No.1138/2020 to the Family Court, Ernakulam.
(iii) The Family Court, Ernakulam shall, immediately on receipt of the records in O.P.No.1138/2020, issue notice to the parties for their appearance.
SD/-
C.S.DIAS, JUDGE rkc/22.06.22 TR.P(C) NO. 42 OF 2021 6 APPENDIX OF TR.P(C) 42/2021 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF COMPLAINT DATED 23.6.2020 SUBMITTED BY THE PETITIONER BEFORE ELAMAKKARA STATION OFFICER.
EXHIBIT P2 A RUE COPY OF THE JUDGMENT DATED 11.9.2020 IN WP(CRL) NO.174/2020 ISSUED BY THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P3 A TRUE COPY OF THE CAVEAT NUMBERED AND DATED NIL.
EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 10.12.2020 ISSUED BY THIRUVANANTHAUPRAM FAMILY COURT ASKING HER TO APPEAR ON 22.2.2020 IN O.P.NO.1138/2020 FILED BY THE RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE MRI REPORT DATED 23.3.2018 REGARDING THE SCAN RESULT OF THE PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 19.4.2018 ISSUED FROM KRISHNA HOSPITAL.
EXHIBIT P7 A TRUE COPY OF THE BILL DATED 19.4.2018 ISSUD WHILE DISCHARGING FROM KRISHNA HOSPITAL.
EXHIBIT P8 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 19.4.2018 ISSUED WHILE DISCHARGING FROM KRISHNA HOSPITAL.
EXHIBIT P9 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 4.7.2018 ISSUED FROM SREE AGASTHYA MEDICAL CENTRE.
EXHIBIT P10 A TRUE COPY OF BILL DATED 4.7.2018 FOR RS.65438/- PAID AT SREE AGASTHYA MEDICAL CENTRE.
TR.P(C) NO. 42 OF 2021 7 EXHIBIT P11 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 4.7.2018 ISSUED BY DR.YOGIDAS OF SREE AGASTHYA MEDICAL CENTRE.
EXHIBIT P12 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 11.1.2021 ISSUED BY DR. RAMASWAMY OF KRISHNA HOSPITAL, ERNAKULAM.