Smitha .K vs Harish ,M
2022 Latest Caselaw 6361 Ker

TR.P(C) NO. 142 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. 142 OF 2022
                OP 1212/2021 OF FAMILY COURT, PALAKKAD
PETITIONER/S:

    1       SMITHA .K, AGED 48 YEARS, DAUGHTER OF LATE SUKUMARAN
            NAIR, KANNATH KALAM VEEDU, VENGASSERY POST,OTTAPPALAM
            TALUK, PALAKKAD DISTRICT-679 516.

    2       SUKUMARI, AGED 72 YEARS, WIFE OF LATE SUKUMARAN NAIR,
            KANNATH KALAM VEEDU, VENGASSERY POST, OTTAPPALAM
            TALUK, PALAKKAD DISTRICT-679 516.

            BY ADV R.SREEHARI



RESPONDENT/S:

    1       HARISH M, AGED 53 YEARS, SON OF SREEKUMARAN,
            "KISMET", ELAPPULLY POST, PALAKKAD TALUK, PALAKKAD
            DISTRICT, PIN-678622.

    2       VIJAYA RAGHAVAN, AGED 52 YEARS, SON OF NARAYANAN
            MENON, KANNATH KALAM VEEDU, VENGASSERY
            POST,OTTAPPALAM TALUK, PALAKKAD DISTRICT-679 516.

            BY ADVS.
            Rajesh Narayan Narayan
            K.RAJESH SUKUMARAN
            P.S.VISHNU




     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. 142 OF 2022
                                         2

                                   ORDER

The transfer petition is filed under Section 24 of the

Code of Civil Procedure, seeking to transfer

O.P.No.1212/2021 (Annexure-2) from the Family Court,

Palakkad to the Family Court, Ottappalam.

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

memorandum of transfer petition is that; the 1 st

petitioner is the wife of the 1 st respondent. The 2nd

petitioner is the mother of the 1 st petitioner and the 2nd

respondent is the brother-in-law of the 1 st petitioner. The

marital relationship between the 1 st petitioner and the 1st

respondent is estranged. The petitioner has filed

O.P.No.288/2021 (Annexure-1) before the Family Court,

Ottappalam, seeking a decree of divorce. As counter-

blast to Annexure-1, the 1st respondent has filed

Annexure-2, seeking a decree for return of money and

gold ornaments. The petitioners are residing in Palakkad.

The 2nd petitioner is 72 years of age and is infirm. The 1 st TR.P(C) NO. 142 OF 2022

respondent has not sought for transfer of Annexure-1.

Therefore, necessarily he would have to travel to

Ottappalam to contest Annexure-1. It would be

convenient, if Annexure-1 and Annexure-2 are tried by

the same court, which would save judicial time and avoid

conflict of decisions. More over, there is no person to

chaperone the petitioners from Ottappalam to Palakkad.

Hence, the transfer petition.

3. Heard; the learned counsel appearing for the

petitioners and the learned counsel appearing for the 1 st

respondent. Service is complete on the 2nd 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 TR.P(C) NO. 142 OF 2022

(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 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 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.1212/2021 from the Family

Court, Palakkad to the Family Court, Ottappalam. The

Registry shall forward a copy of this judgment to the

Family Court, Palakkad with instructions to forthwith

transmit the records in Annexure-2 to the Family Court,

Ottappalam. The parties would be at liberty to move the

Family Court, Ottappalam to seek for the consolidation

and joint trial of all the proceedings between them. The TR.P(C) NO. 142 OF 2022

Family Court, Ottappalam shall, immediately on receipt

of the records in Annexure-2, post Annexure-2 along with

Annexure-1.

Sd/-

C.S.DIAS, JUDGE rkc/03.06.22 TR.P(C) NO. 142 OF 2022

APPENDIX OF TR.P(C) 142/2022

PETITIONER ANNEXURES

Annexure1 PHOTO COPY OF THE PETITION FILED IN O.P.NO.288/2021, DATED 20/04/2021, ON THE FILE OF THE FAMILY COURT, OTTAPPALAM FILED BY THE 1ST PETITIONER AGAINST THE 1ST RESPONDENT

Annexure2 PHOTO COPY OF THE PETITION FILED IN O.P.NO.1212/2021, DATED 11/11/2021 ON THE FILE OF THE FAMILY COURT,PALAKAKD FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONERS AND 2ND RESPONDENT