Kerala High Court
Lekshmi P.L vs Gireesh Chandran I.S on 3 June, 2022
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. 148 OF 2022
TO TRANSFER OPGW 2878/2021 OF FAMILY COURT,TRIVANDRUM TO THE
FAMILY COURT, THRISSUR
PETITIONER/S:
LEKSHMI P.L.
AGED 30 YEARS
D/O.LEKHA S., LEKSHMI NIVAS, T.C.52/991, STUDIO
ROAD, ESTATE P.O., THIRUVANANTHAPURAM, PRESENTLY
RESIDING AT C/O.SANAL DAVIS, ARIMBOOR HOUSE,
KODANNUR P.O., AMMADAM, THRISSUR - 680 563.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
GIREESH CHANDRAN I.S.
AGED 41 YEARS
S/O.SUNDARESHAN NAIR, KRISHNA VILASOM, STUDIO ROAD,
ESTATE P.O., THIRUVANANTHAPURAM - 695 019.
BY ADVS.
AKHIL.S.VISHNU
A.K.ARUN CHANDRAN(K/000744/2016)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 03.06.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2
Tr.P (C) No.148 of 2022
C.S DIAS,J.
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Tr.P (C) No.148 of 2022
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Dated this the 3rd day of June, 2022.
ORDER
The transfer petition is filed under Sec.24 of the
Code of Civil Procedure, seeking to transfer O.P (G &W)
No.2878/2021 (Annexure 1) from the Family Court,
Thiruvananthapuram to the Family Court, Thrissur.
2. The petitioner's case in brief, in the
memorandum of transfer petition is that, she is the wife of
the respondent. They have a child in their wedlock. Due
to the constant threats from the respondent, she has filed
WP ( C) 30233/2021 before this Court and Annexure 4
interim order has been passed. The petitioner and the
child are residing with a friend at Ammandam, which is
just 12 kms away from the Family Court, Thrissur.
Whereas, the Family Court, Thiruvananthapuram, is more
than 280 kms from her residence. There is no person to
Tr.P (C) No.148 of 2022
chaperone the petitioner from Thrissur to
Thiruvananthapuram. Hence, the transfer petition.
3. Heard the learned counsel appearing for the
petitioner and 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 [(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.
5. In the light of the uncontroverted averments in
the transfer petition, particularly the fact that the
Tr.P (C) No.148 of 2022
petitioner and the child are residing at Thrissur and it will
take them a whole day to travel to the Family Court,
Thiruvananthapuram, in order to defend Annexure 1, I
am convinced that the petitioner has made out a case to
transfer Annexure 1 from the Family Court,
Thiruvananthapuram to the Family Court, Thrissur.
6. In 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
the transfer of O.P (G &W) No.2878/2021 from the Family
Court, Thiruvananthapuram to the Family Court, Thrissur.
The Registry shall forward a copy of this judgment to the
Family Court, Thiruvananthapuram with instructions to
forthwith transmit the records in Annexure 1 to the
Family Court, Thrissur. The Family Court, Thrissur shall,
immediately on the receipt of the records in O.P (G &W)
Tr.P (C) No.148 of 2022
No.2878/2021, issue notice to the parties for their
appearance .
sd/-
Sks/3.6.2022 C.S.DIAS, JUDGE
Tr.P (C) No.148 of 2022
APPENDIX OF TR.P(C) 148/2022
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE O.P.(G&W) NO.2878/2021 ON
THE FILE OF THE FAMILY COURT,
THIRUVANANTHAPURAM.
Annexure 2 TRUE COPY OF THE STATEMENT OF THE
PETITIONER DATED 27/11/21.
Annexure 3 TRUE COPY OF THE STATEMENT OF APARNA IN
CRIME NO.2234/2021 OF NEMOM POLICE
STATION.
Annexure 4 TRUE COPY OF THE INTERIM ORDER IN WP(C)
NO.30233 OF 2021 DATED 23/12/2021.
Annexure 5 TRUE COPY OF THE INTERIM ORDER IN WP(C)
NO.30233 OF 2021 DATED 18/01/2022.
Annexure 6 TRUE COPY OF THE APPLICATION FOR ADMISSION
OF APARNA CHANDRAN DATED 24/02/2022.
