Biji Thomas vs Chacko @ Shaji
2022 Latest Caselaw 9922 Ker

TR.P(C) NO. 297 OF 2022
                                    1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
  WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                        TR.P(C) NO. 297 OF 2022
    THE ORDER/JUDGMENT IN OPDIV 302/2021 OF FAMILY COURT,
                               KALPETTA
PETITIONER/S:

            BIJI THOMAS, AGED 38 YEARS, W/O CHACKO @
            SHAJI,KIZHAKKUMKARA PUTHENVEEDU, POTHENPARA,
            CHANNAPETTA P.O, ANCHAL, KOLLAM., PIN - 691306

            BY ADVS.
            VISHNU BHUVANENDRAN
            B.ANUSREE
            RESHMA UNNIKRISHNAN


RESPONDENT/S:

    1       CHACKO @ SHAJI, AGED 49 YEARS
            S/O JOHN, KEETUKARIYIL HOUSE,
            NEERVARAM P.O, WAYANAD, PIN - 670721

    2       ANEESH, AGED 35 YEARS, ANEESH, S/O RAVEENDRAN,
            VILLY MELATHETHIL HOUSE, PAYYAM PILLY P.O,
            MANANTHAVADI VILLAGE., PIN - 670645

            BY ADVS.
            KRISHNA PRASAD. S
            SINDHU S KAMATH
            ROHINI NAIR
            SURAJ KUMAR D.


     THIS    TRANSFER    PETITION       (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 31.08.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 TR.P(C) NO. 297 OF 2022
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                            ORDER

The transfer petition is filed under Sec.24 of the

Code of Civil Procedure, seeking to transfer OP(Divorce)

No.302/2021 (Annexure A1) from the Family Court,

Kalpetta to the Family Court, Kottarakara.

2. The petitioner's case in brief, in the

memorandum of transfer petition is that, she is the wife

of the 1st respondent. The 2nd respondent is the co-

respondent in Annexure A1. Due to the matrimonial

cruelty that was meted out on the petitioner by the 1 st

respondent, she was constrained to leave the matrimonial

home. She is presently residing in her parental home in

Kollam. The 1st respondent, has willfully refused to

maintain the petitioner. The petitioner has filed

M.C.No.115/2022 before the Family Court, Kottarakara

against the 1st respondent seeking an order of

maintenance. The petitioner is a heart patient. She does

not have the means to even meet her medical expenses.

Annexure A3 substantiates this aspect. It is at this TR.P(C) NO. 297 OF 2022

juncture the 1st respondent has filed Annexure A1 before

the Family Court, Kalpetta. There is no person to

chaperone the petitioner from Kollam to Kalpetta to

contest Annexure A1. Hence, the transfer petition.

3. Heard; Sri. Vishnu Bhuvanendran, the learned

counsel appearing for the petitioner and Sri. Krishna

Prasad, the learned counsel appearing for the 1st

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], Santhini V. Vijaya Venkatesh [2017

(5) KHC 48] and N.C.V. Aishwarya vs. A.S. Saravana

Karthik Sha [2022 (5) KHC 185]. The Hon'ble Supreme

Court has held that it is the convenience of the woman TR.P(C) NO. 297 OF 2022

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-

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 has already filed M.C.No.115/2022 before the

Family Court, Kottarakara and that the 1 st respondent is

contesting the proceeding there, and that the petitioner is

a heart patient as evidenced by Annexure A3, 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 Annexure-A1 from the Family

Court, Kalpetta to the Family Court, Kottarakara, so that

the cases can be consolidated and jointly tried, which

would save precious judicial time and avoid conflict of

decisions.

In the result, I allow the transfer petition as follows:-

(i) OP(Divorce) No.302/2021 is transferred from the TR.P(C) NO. 297 OF 2022

Family Court, Kalpetta to the Family Court,

Kottarakara.

(ii) The parties would be at liberty to move the Family

Court, Kottarakara and seek for consolidation and

joint trial of all the cases between them.

(iii) The Registry shall forward a copy of this order to

the Family Court, Kalpetta with instructions to

forthwith transmit the records in Annexure-A1 to the

Family Court, Kottarakara.

(iv) The Family Court, Kottarakara shall, immediately on

receipt of the records in Annexure-A1, post the case

along with Annexure A2.

sd/-

C.S.DIAS, JUDGE

rkc/31.08.22 TR.P(C) NO. 297 OF 2022

APPENDIX OF TR.P(C) 297/2022

PETITIONER ANNEXURES

Annexure -A1 TRUE COPY OF THE O.P. (DIVORCE) NO.

302/2021 FILED BY THE 1ST RESPONDENT BEFORE THE FAMILY COURT, KALPATTA.

Annexure- A2 TRUE COPY OF M.C NO. 115/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTARAKKARA

Annexure- A3 TRUE COPY OF THE MEDICAL CERTIFICATE FOR AVAILING FINANCIAL ASSISTANCE FOR TREATMENT ISSUED BY THE HEAD OF THE TALUK HOSPITAL, KOTTARAKKARA TO THE PETITIONER