Maria Sebastian vs Joel Mathew
2022 Latest Caselaw 6568 Ker

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Tr.P (C) No.467 of 2021


            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. 467 OF 2021
TO TRANSFER OPDIV 1562/2019 OF FAMILY COURT,ERNAKULAM TO THE
                      FAMILY COURT, ETTUMANOOR.
PETITIONER/S:

            MARIA SEBASTIAN
            AGED 31 YEARS
            D/O. SEBASTIAN, RESIDING AT KAILAATHU HOUSE,
            THRIKKODITHANAM P.O., CHANGANASSERY, KOTTAYAM
            DISTRICT-686 105
            BY ADVS.
            T.J.MICHAEL
            R.KRISHNAKUMAR (CHERTHALA)


RESPONDENT/S:

            JOEL MATHEW
            S/O. MATHEW, KUTTIKANDATHIL HOUSE, DOOR NO.301,
            ROSE APARTMENTS, SHENOY ROAD, KALOOR, ERNAKULAM,
            KOCHI-682 017
            BY ADV BABU CHERUKARA


    THIS TRANSFER PETITION (CIVIL) HAVING COME
UP FOR ADMISSION ON 09.06.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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Tr.P (C) No.467 of 2021

                         C.S DIAS,J.
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                Tr.P (C) No.467 of 2021
                    -----------------------------
           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 (Div)

No.1562/2019 (Annexure A1) from the Family Court,

Ernakulam to the Family Court, Ettumanoor.

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 four year old son born

in their wedlock. Due to the matrimonial cruelty meted

out to her, she was constrained to file Annexure A1

seeking a decree of divorce. Subsequently, she has filed

OP (G&W) 885/2021 (Annexure A2) before the Family

Court, Ettumanoor, seeking an order to appoint her as

the legal guardian of the child. The petitioner and the

child are residing at Ettumannor. Therefore, it would

be convenient to both sides if Annexure A1 is

transferred to the Family Court, Ettumanoor, so that it

Tr.P (C) No.467 of 2021

can be consolidated and jointly tried with Annexure A2.

Hence, the transfer petition.

3. Heard the learned counsel appearing for the

petitioner and the learned counsel appearing for the

respondent.

4. The learned counsel appearing for the

respondent submitted that the respondent has no

serious objection in ordering the transfer of Annexure

A1 from the Family Court, Ernakulam, to the Family

Court, Ettumanoor.

5. 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.467 of 2021

the woman and children that has to be looked into,

while ordering the transfer of a case from one Court to

another.

6. In the light of the law laid down in the

aforecited decisions, the uncontroverted pleadings and

materials on record, the totality of the facts and

circumstances of the case, particularly the fact that the

respondent has no objection in transfer petition being

allowed, I am inclined to exercise the discretionary

powers of this Court under Section 24 of the Code of

Civil Procedure and order the transer of the case.

In the result, I allow the transfer petition by

ordering the transfer of O.P (Div) No.1562/2019 from

the Family Court, Ernakulam to the Family Court,

Ettumanoor. 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, Ernakulam, with

instructions to forthwith transmit the records in

Annexure A1 to the Family Court, Ettumanoor. The

Tr.P (C) No.467 of 2021

Family Court, Ettumanoor, shall, immediately on the

receipt of the records in Annexure A1, call the case

with Annexure A2.

sd/-

Sks/9.6.2022 C.S.DIAS, JUDGE

Tr.P (C) No.467 of 2021

APPENDIX OF TR.P(C) 467/2021

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE PETITION OP (DIV) NO.1562/2019 ON THE FILE OF THE HON'BLE FAMILY COURT, ERNAKULAM DATED 01.07.2019 Annexure A2 A TRUE COPY OF THE PETITION O.P(G &W ) NO.885/2021 PENDING ON THE FILE OF THE FAMILY COURT, ETTUMANOOR DT 12.07.2021