Umesh Shanker vs Manisha M
2022 Latest Caselaw 9925 Ker

TR.P(C) NO. 470 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. 470 OF 2022
     THE ORDER/JUDGMENT IN OP 207/2022 OF FAMILY COURT,
                            KOTTAYAM
PETITIONER/S:

            UMESH SHANKER
            AGED 30 YEARS
            S/O. UMA SANKAR C.V., RESIDING AT SARSWATHI
            MADOM, POLLAPPOYIL, KODAKKAD VILLAGE, KODAKKAD
            P.O., HOSDURG TALUK, KASARGOD DISTRICT-671 310.

            BY ADVS.
            PUSHPARAJAN KODOTH
            K.JAYESH MOHANKUMAR
            VANDANA MENON
            VIMAL VIJAY



RESPONDENT/S:

            MANISHA M
            AGED 27 YEARS
            D/O. MAHESH R., RESIDING AT INDRANEELAM,
            CHANNANIKADU P.O., PANACHIKKAD VILLAGE, KOTTAYAM
            DISTRICT-686 533

            BY ADV PRIYA R CHANDRAN




     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. 470 OF 2022
                                 2

                           ORDER

The transfer petition is filed under Sec.24 of the

Code of Civil Procedure, seeking to transfer O.P.

No.207/2022 (Annexure B) from the Family Court,

Ettumanoor to the Family Court, Ernakulam.

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

memorandum of transfer petition is that, the

respondent is his wife. The petitioner had filed

O.P.No.23/2021 (Annexure A) before the Family Court,

Kasaragode against the respondent. This Court, by

Annexure C order in Tr.P(C) No.73/2022, had ordered

the transfer of Annexure A from the Family Court,

Kasaragode to the Family Court, Ernakulam. Therefore,

Annexure B may also be transferred from the Family

Court, Ettumanoor to the Family Court, Ernakulam,

so that the cases can be consolidated and jointly

tried, which would avoid multiplicity of

proceedings and conflict of decisions. Hence, the TR.P(C) NO. 470 OF 2022

transfer petition.

3. Heard; Sri. Jayesh Mohankumar, the learned

counsel appearing for the petitioner and Smt. Priya R.

Chandran, the learned counsel appearing for the

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 and children that

has to be looked into, while ordering the transfer of a TR.P(C) NO. 470 OF 2022

case from one Court to another.

5. In the light of the fact that this Court has

already by Annexure C ordered Annexure A to be

transferred from the Family Court, Kasaragod to the

Family Court, Ernakulam, 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-B from the Family Court, Ettumanoor to the

Family Court, Ernakulam, 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) O.P No.207/2022 is transferred from the Family

Court, Ettumanoor to the Family Court,

Ernakulam.

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

Court, Ernakulam and seek for consolidation and TR.P(C) NO. 470 OF 2022

joint trial of all the cases between them.

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

the Family Court, Ettumanoor with instructions to

forthwith transmit the records in Annexure-B to

the Family Court, Ernakulam.

(iv) The Family Court, Ernakulam shall, immediately

on receipt of the records in Annexure-B, post the

case along with the case that has already been

transferred from the Family Court, Kasaragod.

Sd/-

C.S.DIAS, JUDGE

rkc/31.08.22 TR.P(C) NO. 470 OF 2022

APPENDIX OF TR.P(C) 470/2022

PETITIONER ANNEXURES

Annexure A TRUE COPY OF OP 23/2021 BEFORE THE FAMILY COURT, KASARGOD.

Annexure B TRUE COPY OF OP 207/2022 FILED BY RESPONDENT BEFORE THE FAMILY COURT, ETTUMANOOR

Annexure C TRUE COPY OF JUDGMENT PASSED BY THIS HON'BLE COURT IN TR.P.C 73/2022 DATED 05.07.2022