Ashlin P Jose vs Jojy Antony
2022 Latest Caselaw 6295 Ker

TR.P(C) NO. 155 OF 2022
                                    1

             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. 155 OF 2022
     ARISNG OUT OF OP 1208/2021 OF FAMILY COURT,KOZHIKODE
PETITIONER/S:

            ASHLIN P JOSE @ALPHONSA,
            AGED 28 YEARS
            D/O.JOSEPH P.P., PULICKKAL HOUSE, PULIPPARAMBU,
            THALIPPARAMBU P.O., KANNOORE - 670 141.

            BY ADV RESMI NANDANAN



RESPONDENT/S:

            JOJY ANTONY
            AGED 29 YEARS
            S/O.ANTONY, KUTTIKKADAN HOUSE, PERIYANGADI PARAMBU,
            CHEVAYOORE P.O., KOZHIKODE - 673 017.

            BY ADVS.
            P.S.SUJETH
            M.R.REENA




     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. 155 OF 2022
                                      2




                                 ORDER

The transfer petition is filed under Section 24 of the

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

No.1208/2021 (Annexure A1) from the Family Court,

Kozhikode to the Family Court, Kannoor.

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

memorandum of transfer petition is that; she is the

respondent in Annexure A1, which is filed by the

respondent - her husband, seeking a decree of restitution

of conjugal rights. The petitioner has filed

O.P.No.1050/2021 (Annexure A2) before the Family Court,

Kannoor, seeking a decree for return of money and gold

ornaments. The petitioner is residing with her parents at

Kannoor and there is no person to chaperone her from

Kannoor to Kozhikode to contest Annexure A1. More over,

the respondent has not filed any proceeding, seeking the

transfer of Annexure A2 from the Family Court, Kannoor to

the Family Court, Kozhikode. Therefore, necessarily, he TR.P(C) NO. 155 OF 2022

would have to contest Annexure A2 before the Family

Court, Kannoor.

3. The respondent has filed a counter affidavit refuting

the allegations in the transfer petition. He has contended

that the sole intention of the petitioner in filing the transfer

petition is to harass the respondent. The petitioner is

working in a private hospital at Kozhikode and residing in a

hostel there. Therefore, she can very well contest Annexure

A1 before the Family Court, Kozhikode. Hence, the transfer

petition may be dismissed.

4. Heard; the learned counsel appearing for the

petitioner and the learned counsel appearing for the

respondent.

5. It is an undisputed fact that the petitioner has filed

Annexure A2 before the Family Court, Kannoor. It is

thereafter that the respondent has filed Annexure A1

before the Family Court, Kozhikode. The respondent has

not sought for transfer of Annexure A2. Even though he has

alleged that the petitioner is working and residing at TR.P(C) NO. 155 OF 2022

Kozhikode, there is no material to substantiate the said

allegation. Likewise, if Annexure A1 is transferred to the

Family Court, Kannoor, it can be consolidated and jointly

tried with Annexure A2, which would save precious judicial

time, avoid multiplicity of proceedings and conflicting

decisions.

6. 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 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.

7. In the light of the pleadings and materials on TR.P(C) NO. 155 OF 2022

record, the totality of the facts and circumstances of the

case and the law laid down by the Hon'ble Supreme Court

in the afore-cited decisions, I am inclined to 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

transfer of O.P.No.1208/2021 from the Family Court,

Kozhikode to the Family Court, Kannoor. The Registry shall

forward a copy of this judgment to the Family Court,

Kozhikode with instructions to forthwith transmit the

records in Annexure A1 to the Family Court, Kannoor. The

Family Court, Kannoor shall, immediately on receipt of the

records in O.P.No.1208/2021, call the case along with

Annexure A2.

Sd/-

C.S.DIAS, JUDGE rkc/03.06.22 TR.P(C) NO. 155 OF 2022

APPENDIX OF TR.P(C) 155/2022

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE O.P.NO.1208/2021 FILED BY THE RESPONDENT HEREIN BEFORE THE HONOURABLE FAMILY COURT, KOZHIKODE.

Annexure A2 TRUE COPY OF THE O.P.NO.1050/2021 FILED BY THE PETITIONER BEFORE THE HONOURABLE FAMILY COURT, KANNOORE.