Vanaja vs Muralidharan
2022 Latest Caselaw 6385 Ker

TR.P(C) NO. 86 OF 2022
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              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. 86 OF 2022
              IN OP 1001/2021 OF FAMILY COURT, PALAKKD
PETITIONER/S:

             VANAJA
             AGED 41 YEARS
             DAUGHTER OF MURALIDHARAN, VANAJA VILLA, DURGA NAGAR,
             PERUMUDIYOOR POST, PATTAMBI TALUK, PALAKKAD DISTRICT,
             PIN - 679303

             BY ADV R.SREEHARI



RESPONDENT/S:

             MURALIDHARAN
             AGED 55 YEARS
             SON OF SIVASANKARAN NAIR, KANNATH VEETTIL, MUDAPALLUR
             AMSOM DESOM AND POST, ALATHUR TALUK, PALAKKAD
             DISTRICT, PIN - 678705

             BY ADV V.A.JOHNSON (VARIKKAPPALLIL)




     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. 86 OF 2022
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                             ORDER

The transfer petition is filed under Section 24 of the

Code of Civil Procedure, seeking to transfer

O.P.No.1001/2021 (Annexure-1) 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; she is the wife of the respondent.

They have two daughters born in their wedlock, who are

aged 13 and 5 years. The respondent has filed Annexure-1,

seeking a decree for divorce. The petitioner and children

would find difficult to travel from Pattambi to Palakkad to

contest Annexure-1, as there is no person to chaperone

them. On the other hand, it would be easy for the

respondent to travel to the Family Court, Ottappalam.

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, TR.P(C) NO. 86 OF 2022

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, the totality of the facts and circumstances

of the case, particularly the fact that the petitioner has two

daughters and they are residing at Pattambi, 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 TR.P(C) NO. 86 OF 2022

transfer of O.P.No.1001/2021 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-1 to the Family Court, Ottappalam. The Family

Court, Ottappalam shall, immediately on receipt of the

records in O.P.No.1001/2021, issue notice to the parties for

their appearance.

Sd/-

C.S.DIAS, JUDGE rkc/03.06.22 TR.P(C) NO. 86 OF 2022

APPENDIX OF TR.P(C) 86/2022

PETITIONER ANNEXURES

Annexure 1 PHOTO COPY OF THE PETITION FILED IN O.P.NO.1001/2021, ON THE FILE OF THE FAMILY COURT,PALAKAKD