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. 15 OF 2022
TO TRANSFER OP 1122/2021 OF FAMILY COURT, IRINJALAKUDA TO THE
FAMILY COURT, THIRUVANANTHAPURAM
PETITIONER/S:
RANEISHA.P.R
PANDIYALAKKAL HOUSE, NELLAYI P.O., VYLOOR, KERALA-
680305, NOW RESIDING AT ASHOKAN, KARTHIKA,
CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM-695587.
BY ADV JAYADEVAN J
RESPONDENT/S:
1 JIBU
AGED 44 YEARS
S/O. SHIVARAMAN, MEMADANGGU DESHATH PULIKKAN HOUSE,
MEMADANGGU P.O., PIN-686672.
2 RAVI,
AGED 61 YEARS
S/O. KRISHNAN, NELLAYI VILLAGE, NELLAYI P.O., PIN-
680305.
3 USHA,
AGED 57 YEARS
W/O. RAVI, NELLAYI VILLAGE, NELLAYI P.O., PIN-680305.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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Tr.P(C) No.15 of 2022
C.S DIAS,J.
---------------------------
Tr.P(C) No.15 of 2022
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Dated this the 31st day of May, 2022.
ORDER
The transfer petition is filed under Sec.24 of the Code of Civil Procedure seeking to transfer O.P No.1122/2021 (Annexure A3) from the Family Court, Irinjalakkuda to the Family Court, Thiruvananthapuram.
2. The petitioner's case in brief, in the memorandum of transfer petition is that, she is the respondent in Annexure A3, which is pending before the Family Court, Irinjalakkuda, filed by the respondents, who are her former husband and parents-in-law, seeking custody of the minor child of the petitioner and the first respondent. The marriage between the petitioner and first respondent was dissolved by Annexure A1 decree passed by the Family Court, Muvattupuzha. There was no condition in Annexure A1 regarding the custody of the child. The petitioner has not denied the custodial rights of the child to the 3 Tr.P(C) No.15 of 2022 respondent. The petitioner is presently employed in Thiruvananathapuram and the child is studying in Good Shepherd School, Sreekaryam. Now the respondents have filed Annexure A3, seeking custody of the child. The petitioner and the child would be put to severe hardships and inconveniences if Annexure A3 is permitted to be prosecuted before the Family Court, Irinjalakkuda. Hence, in the interest of justice and convenience of parties, Annexure A3 may be transferred from the the Family Court, Irinjalakkuda to the Family Court, Thiruvananthapuram.
3. Heard the learned counsel appearing for the petitioner. Even though notice was served on the respondents, there is no appearance for them.
4. In the light of the uncontroverted averments in the transfer petition and that the petitioner and the child are residing at Thiruvananthapuram and it will take them whole day to travel to the Family Court, Irinjalakkuda in order to defend Annexure A3, I am convinced that the petitioner has made out a case to 4 Tr.P(C) No.15 of 2022 transfer Annexure A3 from the Family Court, Irinjalakkuda to the Family Court, Thiruvananthapuram.
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], Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)] Valsal Nisha v. Rajesh Soman Nair [2020(8) KLR 475] wherein it is 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 inclined to 5 Tr.P(C) No.15 of 2022 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. 1122/2021 from the Family Court, Irinjalakkuda to the Family Court, Thiruvananthapuram. The Registry shall forward a copy of this judgment to the Family Court, Irinjalakkuda with instructions to forthwith transmit the records in O.P.No.1122/2021 to the Family Court, Thiruvananthapuram. The Family Court, Thiruvananthapuram shall, immediately on the receipt of the records in OP 1122/2021, issue notice to the parties for their appearance .
SD/-
Sks/31.5.2022 C.S.DIAS, JUDGE
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Tr.P(C) No.15 of 2022
APPENDIX OF TR.P(C) 15/2022
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF JUDGMENT IN OP
NO.619/2019 DATED 24.6.2021.
Annexure A2 A TRUE COPY OF THE APPOINTMENT LETTER.
Annexure A3 A TRUE COPY OF O.P. NO.1122/2021 OF
FAMILY COURT, IRINJALAKUDA.