TR.P(C) NO. 671 OF 2021
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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. 671 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP(HMA) 588/2020 OF FAMILY
COURT,KOLLAM
PETITIONER/S:
SOUMYA S. DHARAN
AGED 39 YEARS
D/O. V.SASIDHARAN, RESIDING AT A S.R.NIVAS, KALLAYAM
P.O., KARAKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT-
695 043
BY ADVS.
S.RAJASEKHARAN NAIR
RAJU SEBASTIAN VADAKKEKKARA
S.KRISHNA KUMAR (MANGALAM)
SANTHOSH BHASKARAN NAIR
SABAD K.H.
BERTRAND BASIL
RESPONDENT/S:
KIRAN. R, AGED 42 YEARS
S/O. RAVIDASAN, RESIDING AT GEETHANJALI, THATTAMALA
P.O., MYTHIRI NAGAR, VADAKKEVILA VILLAGE, KOLLAM
DISTRICT, PIN-691 020
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. 671 OF 2021
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ORDER
The transfer petition is filed under Section 24 of the Code of Civil Procedure seeking to transfer O.P.(HMA) No.588/2020 (Annexure A1) from the Family Court, Kollam to the Family Court, Nedumangadu.
2. The petitioner's case, in brief, in the memorandum of transfer petition is that; she is the respondent in Annexure A1 filed by the respondent - her husband - seeking a decree for restitution of conjugal rights. The petitioner had earlier filed OP No.943/2020 before the Family Court, Nedumangad seeking a decree for recovery of money, gold ornaments and other reliefs. During the pendency of the said case, the respondent had filed Annexure A1. Subsequently, the parties had entered into a settlement and the petitioner withdrew OP No.943/2020. But contrary to the terms of settlement, the respondent has refused to withdrew Annexure A1. Now the petitioner has filed OP No.1069/2021 before the Family Court, Nedumangad, seeking maintenance for herself, her two sons TR.P(C) NO. 671 OF 2021 3 and also for recovery of money, gold ornaments and other consequential reliefs. The petitioner and her two children are residing at Kallayam at her parental home in Thiruvananthapuram. The petitioner would find difficult to travel from Thiruvananthapuram to Family Court,Kollam to attend Annexure A1 proceeding. 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 him.
4. In the light of the uncontroverted averments in the memorandum of transfer petition, particularly that the petitioner and her two children are residing at Thiruvananthapuram and Annexure A2 proceeding is pending before the Family Court, Nedumangad, I find that the balance of convenience is in favour of the petitioner because if she has to defend Annexure A1 before the Family Court, Kollam, she would be put to severe prejudice and difficulty.
5. The law in respect of transfer of proceedings, TR.P(C) NO. 671 OF 2021 4 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. 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 the transfer of O.P.(HMA) No.588/2020 from the Family Court, Kollam to the Family Court, Nedumangad. The parties would be at liberty to move the Family Court, TR.P(C) NO. 671 OF 2021 5 Nedumangad, seeking for consolidation and joint trial of all the proceedings between them. The Registry shall forward a copy of this judgment to the Family Court, Kollam with instructions to forthwith transmit the records in O.P.(HMA) No.588/2020 to the Family Court, Nedumangad. The parties are directed to appear before the Family Court, Nedumangad on 25.07.2022.
sd/-
C.S.DIAS, JUDGE rkc/31.05.22 TR.P(C) NO. 671 OF 2021 6 APPENDIX OF TR.P(C) 671/2021 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE OP (HMA) NO.588/2020 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KOLLAM Annexure A2 TRUE COPY OF THE OP NO.1069/2021 FILED BEFORE THE FAMILY COURT, NEDUMANGAD