TR.P(C) NO. 80 OF 2022
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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. 80 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 594/2021 OF FAMILY COURT,
VADAKARA
PETITIONER/S:
SHEZA MOL K.P,
AGED 23 YEARS
D/O. NOUSHAD, K.P. HOUSE COLLEGE, KUPPADI, SULTHAN
BATHERY, POST KUPPADI, WAYANAD-673 592
BY ADVS.
R.SUDHISH
M.MANJU
MERIN THOMAS
RESPONDENT/S:
MANAS P.M,AGED 30 YEARS, S/O. MOIDU, MANAD HOUSE,
VILLIAPPALLY, MAYYANNOOR POST, VILLIAPPALLY VILLAGE,
VADAKARA, KOZHIKODE-673 542
BY ADVS.
K.M.RAMADAS
ZUBAIR PULIKKOOL
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. 80 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.594/2021 (Annexure A1) from the Family Court, Vadakara to the Family Court, Wayanad.
2. The petitioner's case, in brief, in the memorandum of transfer petition is that; she is the respondent in Annexure A1, which is filed by the respondent - her husband - seeking a decree for restitution of conjugal rights. She and her 1½ month old baby are residing in Wayanad in her parental home. It would be extremely difficult for her to travel from Sulthan Bathery to Vadakara to defend Annexure A1. There is no person to chaperon her from Wayanad to Vadakara. Hence, the transfer petition.
3. Heard; the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
4. The learned counsel appearing for the petitioner TR.P(C) NO. 80 OF 2022 3 submits that the petitioner has now instituted M.C.No.15/2022 before the Family Court, Wayanad, seeking an order of maintenance of her child and herself. Therefore, Annexure A1 may be transferred, so that the same can be consolidated and jointly tried with M.C.No.15/2022
5. The law in respect of transfer of proceedings, particularly in 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. On a consideration of the fact that the petitioner TR.P(C) NO. 80 OF 2022 4 and 1½ month old baby are residing at Wayanad and the petitioner has already filed M.C.No.15/2022 before the Family Court, Wayanad, I find that the petitioner has made out a case to transfer Annexure A1 from the Family Court, Vadakara to the Family Court, Wayanad.
7. In the totality of the facts and circumstances of the case, the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, I am satisfied that the discretionary powers of this Court under Section 24 of the Code of Civil Procedure, is to be exercised. In the result, I allow the transfer petition by ordering transfer of O.P. No.594/2021 from the Family Court, Vadakara to the Family Court, Wayanad. The parties would be at liberty to move the Family Court, Wayanad, seeking for consolidation and joint trial of all the proceedings between the parties pending before the court below. The Registry shall forward a copy of this judgment to the Family Court, Vadakara with instructions to forthwith transmit the records in O.P. No.594/2021 to TR.P(C) NO. 80 OF 2022 5 the Family Court, Wayanad. The parties are directed to appear before the Family Court, Wayanad either in person or through counsel on 02.07.2022.
sd/-
C.S.DIAS, JUDGE rkc/31.05.22 TR.P(C) NO. 80 OF 2022 6 APPENDIX OF TR.P(C) 80/2022 PETITIONER ANNEXURES Annexure A1 COPY OF THE ORIGINAL PETITION, O.P.NO.
594 OF 2021 OF THE FAMILY COURT, VADAKARA.
Annexure A2 COPY OF THE CERTIFICATE ISSUED BY THE TALUK LEVEL MEDICAL BOARD OF WAYANAD DISTRICT TO THE PETITIONER'S FATHER DATED 22.08.2019.