Deepthi M.R vs Dr. Jairam
2022 Latest Caselaw 6271 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
      FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                      TR.P(C) NO. 682 OF 2021
      IN OP(HMA) 835/2020 OF FAMILY COURT,THIRUVANANTHAPURAM
PETITIONER:

          DEEPTHI M.R
          AGED 45 YEARS
          D/O REMADEVI,
          SIVADAS BHAVAN, MANALIL PADINJATTATHIL, KURREEPPUZA,
          KAVANAD P.O, KOLLAM TALUK, KOLLAM DISTRICT-691003.

          BY ADVS.
          R.RAJESH (VARKALA)
          MANU RAMACHANDRAN
          M.KIRANLAL
          T.S.SARATH
          SAMEER M NAIR
          GEETHU KRISHNAN
          HARSHA SUSAN SAM



RESPONDENT:

          DR. JAIRAM
          AGED 54 YEARS
          S/O DEVAPPA,
          T C 27/1912, DEVIPRASAD, RSHIMANGALAM,
          MATHRUBHOOMI ROAD,
          VANCHIYOOR P.O, THIRUVANANTHAPURAM DISTRICT-695035.

          BY ADVS.
          S.BALACHANDRAN (KULASEKHARAM)
          V.R.GOPU




     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 682 OF 2021
                                      2



                                ORDER

The transfer petition is filed under Section 24 of the

Code of Civil Procedure, seeking to transfer O.P

(HMA)No.835/2020 (Annexure A2) pending on the file of

the Family Court, Thiruvananthapuram to the Family

Court, Kollam.

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

memorandum of transfer petition is that; she is the wife

of the respondent. The petitioner has filed M.C

No.66/2020 (Annexure A1) before the Family Court,

Kollam. Immediately, thereafter, the respondent has

filed Annexure A2, seeking a decree of divorce. The

petitioner has also filed O.P No.49/2021(Annexure A3)

before the same court, seeking a decree for recovery of

money and gold ornaments, and O.P. No.50/2021

(Annexure A4), seeking to set aside a document and for

declaration of title. It would be difficult for the petitioner

to travel from Kollam to Thiruvananthapuram, to contest TR.P(C) NO. 682 OF 2021

Annexure A2. The petitioner has suffered a stroke as

evident from Annexure A5. The respondent has not

sought for the transfer of Annexures A1, A3 and A4.

Hence, the transfer petition.

3. Heard the learned counsel appearing for the

petitioner and the learned counsel appearing for the

respondent.

4. It is undisputed that the petitioner has instituted

Annexures A1, A3 and A4 before the Family Court,

Kollam, which are pending consideration. The respondent

has not sought for the transfer of those cases to the

Family Court, Thiruvananthapuram. Therefore,

necessarily, he would have to appear before the Family

Court, Kollam to contest the above cases. Moreover, as

can be seen from Annexure A5, the petitioner has

suffered a stroke and is under treatment. Similarly, if all

the four cases are decided by the same court, they can be

consolidated and jointly tried, which would save the

precious judicial time and avoid inconvenience to both TR.P(C) NO. 682 OF 2021

sides.

5. 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 [(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 Honourable 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 light of the uncontroverted pleadings and

materials on record, the totality of the facts and

circumstances of the case, and the law laid down by the

Hon'ble Supreme Court in the aforecited decisions, I am

inclined to exercise the discretionary powers of this

Court under Section 24 of the Code of Civil Procedure by TR.P(C) NO. 682 OF 2021

ordering the transfer of the above original petition.

In the result, the transfer petition is allowed by

ordering the transfer of O.P.835/2020 from the Family

Court, Thiruvananthapuram to the Family Court, Kollam.

The Registry shall forward a copy of this judgment to

the Family Court, Thiruvananthapuram with instructions

to forthwith transmit the records in Annexure A2 to the

Family Court, Kollam. The parties would be at liberty to

move the Family Court, Kollam and seek for the

consolidation and joint trial of all the cases. The Family

Court, Kollam shall, immediately on receipt of the

records in Annexure A2, post the case along with

AnnexuresA1, A3 and A4.

Sd/-

C.S.DIAS, JUDGE

rmm03/06/2022 TR.P(C) NO. 682 OF 2021

APPENDIX OF TR.P(C) 682/2021

PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF THE MC NO.66/2020 ON THE FILES OF FAMILY COURT, KOLLAM FILED BY PETITIONER -WIFE FOR MAINTENANCE.

Annexure A2 THE TRUE COPY OF THE OP (H M A) NO.835/2020 FOR DIVORCE FILED RESPONDENT HUSBAND ON THE FILES OF FAMILY COURT, THIRUVANANTHAPURAM.

Annexure A3 THE TRUE COPY OF THE OP NO.49/2021 BEFORE THE FAMILY COURT, KOLLAM.

Annexure A4 THE TRUE COPY OF THE OP NO.50/2021 BEFORE THE FAMILY COURT, KOLLAM.

Annexure A5 THE DISCHARGE SUMMARY OF THE PETITIONER.

RESPONDENT'S EXHIBITS     NIL