TR.P(C) NO. 245 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
TR.P(C) NO. 245 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 91/2022 OF FAMILY COURT,
MALAPPURAM
PETITIONER/:
SIVARANJINI K S
AGED 26 YEARS
D/O. SANAKARANARAYANAN, KARIMBA HOUSE, KUNIYANKADU
P.O. PALLIPPADI, MANNARKKAD TALUK, PALAKKAD
DISTRICT-678 597
BY ADVS.
P.JAYARAM
GIGI PAPPACHAN
RESPONDENT:
DINOOP N
AGED 35 YEARS
S/O. BHASKARAN, NULLUPA HOUSE, P.O. MANNAMALA,
PACHEERI, MALAPPURAM DISTRICT-679 325
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
TR.P(C) NO. 245 OF 2022
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ORDER
The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P No.91/2022 (Annexure-A1) from the Family Court, Malappuram to the Family Court, Ottappalam.
2. The petitioner's case, in brief, in the memorandum of transfer petition is that; the respondent/her husband has filed Annexure A1 before the Family Court, Malappuram, seeking a decree of divorce. The petitioner and her child are residing in Mannarkkad Taluk, which is 75kms away from the Family Court, Malappuram. The petitioner's child is still an infant. There is no one to chaperone the petitioner from Mannarkkad to the Family Court, Malappuram. Hence the transfer petition.
3. Heard the learned counsel appearing for the petitioner. Even though notice was served on the respondent, there is no appearance for the respondent. TR.P(C) NO. 245 OF 2022 3
4. It is on record that the petitioner is residing with the child in her parental home in Mannarkkad Taluk, which is more than 75 kms from the Family Court, Malappuram.
5. 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 [(2001)10 SCC 41)], Mona Aresh Goel V. Aresh Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584] and Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)]. 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.
6. In the light of the uncontroverted averments in the memorandum of transfer petition and the law laid down by the Hon'ble Supreme Court in the afore-cited TR.P(C) NO. 245 OF 2022 4 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.91/2022 from the Family Court, Malappuram to the Family Court, Ottappalam. , The Registry shall forward a copy of this judgment to the Family Court, Malappuram with instructions to forthwith transmit the records in O.P. 91/2022 to the Family Court, Ottappalam. The Family Court, Ottappalam shall, immediately on receipt of the records, issue notice to the parties for their appearance.
Sd/-
ma/31.05.2022 C.S.DIAS, JUDGE /True copy/ TR.P(C) NO. 245 OF 2022 5 APPENDIX OF TR.P(C) 245/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORIGINAL PETITION IN OP NO.91/2022, ON THE FILES OF FAMILY COURT, MALAPPURAM