Denny vs Kitho James
2022 Latest Caselaw 6571 Ker

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Tr.P (C) No.492 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. 492 OF 2021
 TO TRANSFER OP 2036/2020 OF FAMILY COURT,THRISSUR TO THE
                   FAMILY COURT, IRINJALAKKUDA
PETITIONER/S:

           DENNY
           AGED 29 YEARS
           D/O JOHNSON,
           KANDAMKULATHY HOUSE, MUKUNDAPURAM TALUK, KATTOOR
           VILLAGE, P.O, KATTOOR, PIN-680702.
           BY ADVS.
           SREEDEVI KYLASANATH
           ACHUTH KYLAS
           JOSELAL GEORGE
           R.MAHESH MENON
           DEAGO JOHN K


RESPONDENT/S:

           KITHO JAMES
           AGED 32 YEARS
           S/O JAMES,
           CHIRAYANKANDATH HOUSE, UDHAYANAGAR ROAD P.O,
           ARIMBOOR, PARAKKAD VILLAGE, THRISSUR TALUK,
           THRISSUR DISTRICT, PIN-680620.
    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.492 of 2021

                       C.S DIAS,J.
                   ---------------------------
               Tr.P (C) No.492 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

No.2036/2020 (Annexure A2) from the Family Court,

Thrissur to the Family Court, Irinjalakkuda.

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

memorandum of transfer petition is that, she is the

wife of the respondent. Due to the matrimonial cruelty

meted out to her by the respondent, she has filed M.C

No.192/2020 (Annexure A1) before the Family Court,

Irinjalakkuda, seeking an order for maintenance. As a

counterblast to the above proceeding, the respondent

has filed Annexure A2, seeking a decree of divorce.

The respondent has not sought for transfer of

Annexure A2. Therefore, necessarily, he would have

to contest Annexure A1 before the Family Court,

Irinjalakkuda. Hence, the transfer petition.

Tr.P (C) No.492 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

Annexure A1 has already been pending before the

Tr.P (C) No.492 of 2021

Family Court, Irinjalakkuda, 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.2036/2020 (Annexure

A2) from the Family Court, Thrissur to the Family

Court, Irinjalakkuda. 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, Thrissur with

instructions to forthwith transmit the records in

Annexure A2 to the Family Court, Irinjalakkuda. The

Family Court, Irinjalakkuda, shall, immediately on the

receipt of the records in Annexure A2, post the case

along with Annexure A1.

SD/-

Sks/9.6.2022 C.S.DIAS, JUDGE

Tr.P (C) No.492 of 2021

APPENDIX OF TR.P(C) 492/2021

PETITIONER ANNEXURES Annexure A-1 THE TRUE COPY OF THE PETITION FILED BEFORE THE FAMILY COURT IRINJALAKUDA BY THE PETITIONER WHICH IS NUMBERED AS M.C.NO.192/2020.

Annexure A-2 THE TRUE COPY OF THE MEMORANDUM OF OP NO.2036 OF 2020 ON THE FAMILY COURT, THRISSUR ALONG WITH FORM NO.1 SUMMONS DATED 22.07.2021.