Kerala High Court
Jyothi Lekshmi vs Prasad.V.S on 9 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
TR.P(C) NO. 441 OF 2021
TO TRANSFER OPHMA 114/2021 OF FAMILY COURT,KOLLAM, TO THE FAMILY
COURT, PALA
PETITIONER/S:
JYOTHI LEKSHMI,
AGED 35 YEARS
D/O SUMADEVI, THENGANAKUNNEL, THIDANAD P.O.THIDANAD
VILLAGE, MEENACHIL THALUK, KOTTAYAM DISTRICT, PIN-686
123.
BY ADV V.C.MADHAVANKUTTY
RESPONDENT/S:
PRASAD.V.S,
S/O VISWANATHAN PILLAI, SARASWATHI VILASAM,
KALLUVADUKKAL, VILLAVOORKONAM P.O.KOLLAM DISTRICT,
PIN-690 578.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
Tr.P (C) No.441 of 2021
C.S DIAS,J.
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Tr.P (C) No.441 of 2021
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Dated this the 9th day of June, 2022.
ORDER
The transfer petition is filed under Sec.24 of the
Code of Civil Procedure, seeking to transfer O.P (HMA)
No.114/2021 (Annexure A1) from the Family Court,
Kollam to the Family Court, Pala.
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 1½ years old child born in
their wedlock. The marital relationship between them is
strained. The respondent has filed Annexure A1 before
the Family Court, Kollam, seeking a decree of divorce.
The petitioner and the child are residing at Pala. There is
no person to chaperone the petitioner from Pala to
Kollam to contest Annexure A1. It is a comparative
hardship of the petitioner that has to be looked into while
ordering the transfer. Hence, the transfer petition.
Tr.P (C) No.441 of 2021
3. Heard the learned counsel appearing for the
petitioner. Even though notice has been served on the
respondent, there is no appearance for him.
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 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 the child are residing at Pala, and the law
laid down by the Hon'ble Supreme Court in the afore-
Tr.P (C) No.441 of 2021
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 (HMA) No.114/2021 from the
Family Court, Kollam to the Family Court, Pala. The
Registry shall forward a copy of this judgment to the
Family Court, Kollam, with instructions to forthwith
transmit the records in Annexure A1 to the Family Court,
Pala. The Family Court, Pala, shall, immediately on the
receipt of the records in Annexure A1, issue notice for
their appearance.
SD/-
Sks/9.6.2022 C.S.DIAS, JUDGE
Tr.P (C) No.441 of 2021
APPENDIX OF TR.P(C) 441/2021
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE PETITION OP(HMA) NO 114
OF 2021 ON THE FILE OF THE FAMILY COURT,
KOLLAM DATED 19.1.2021
