Kala vs Bijesh
2022 Latest Caselaw 6388 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. 217 OF 2022
   TO TRANSFER    OP 10/2022 OF FAMILY COURT, MALAPPURAM TO THE
                      FAMILY COURT, THRISSUR.
PETITIONER/S:

          KALA
          AGED 28 YEARS
          D/O. PRAKASAN, 'CHITHRALAYAM, KOOTTANELLOR (P.O),
          THRISSUR, PIN-680 014
          BY ADV K.RAJESH KANNAN


RESPONDENT/S:

          BIJESH
          S/O.BALAN, THAZHATHETHIL HOUSE, VALLUVANGAD (P.O),
          MALAPPURAM DISTRICT,PIN-676 521
          BY ADVS.
          RESHMI JACOB
          BOBY THOMAS
          PAMEELA REMMY JOSE


    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.217 of 2022

                        C.S DIAS,J.
                    ---------------------------
                Tr.P (C) No.217 of 2022
                    -----------------------------
           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

No.10/2022 (Annexure A1) from the Family Court,

Malappuram 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 two children born in their

wedlock. Due to the matrimonial cruelty meted out to

her by the respondent, she had to seek shelter in her

parental home. The respondent has filed Annexure A1,

seeking a decree for restitution of conjugal rights. The

petitioner has filed M.C 74/2022 (Annexure A2) before

the Family Court, Thrissur, seeking an order of

maintenance for herself and children. The petitioner

and the children would find it difficult to travel all the

Tr.P (C) No.217 of 2022

way from Thrissur to Malappuram to contest Annexure

A1. Moreover, the respondent has not filed any

proceeding to transfer Annexure A2 to the Family

Court, Malappuram. Therefore, necessarily, he would

have to contest Annexure A2 before the Family Court,

Thrissur. 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 [2002 KHC 1889],

Mona Aresh Goel V. Aresh Satya Goel [2000 KHC

1835], Vaishali Shridhar Jagtap V. Shridhar

Vishwanath Jagtap [2016 KHC 6489] and Santhini

V. Vijaya Venkatesh [2017 (5) KHC 48]. The Hon'ble

Supreme Court has held that it is the convenience of

Tr.P (C) No.217 of 2022

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, particularly the fact that the

petitioner and two minor children are residing at

Thrissur, 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 No.10/2022 from the

Family Court, Malappuram to the Family Court,

Thrissur. The parties would be at liberty to seek for

consolidation and joint trial of all the cases between

them. The Registry shall forward a copy of this

judgment to the Family Court, Malappuram with

instructions to forthwith transmit the records in

Tr.P (C) No.217 of 2022

Annexure A1 to the Family Court, Thrissur. The Family

Court, Thrissur shall, immediately on the receipt of the

records in O.P No.10/2022, call Annexure A1 along with

Annexure A2.

sd/-

Sks/3.6.2022 C.S.DIAS, JUDGE

Tr.P (C) No.217 of 2022

APPENDIX OF TR.P(C) 217/2022

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE OP NO.10/2022 FILED BY THE RESPONDENT AGAINST THE PETITIONER BEFORE THE HONOURABLE FAMILY COURT, MALAPPURAM DATED 01.01.2022 Annexure A2 TRUE COPY OF THE MC NO.74/2022 FILED BY THE PETITIONER AGAINST THE RESPONDENT ON THE FILE HONOURABLE FAMILY COURT, THRISSUR DATED 08.02.2022