Resmi vs Rajkumar R
2022 Latest Caselaw 6579 Ker

            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. 443 OF 2021
TO TRANSFER OPHMA 556/2021 OF FAMILY COURT,KOLLAM TO THE FAMILY
                    COURT, THIRUVANANTHAPURAM
PETITIONER/S:

          RESMI
          AGED 35 YEARS
          D/O. SASIDHARAN PILLAI, 'SASI NIVAS', EDAVATTOM,
          CHIRAKKARA, KOLLAM DISTRICT, NOW RESIDING AT TC
          11/985, 'HELENDA' (H),, NANTHANCODE, KOWDIAR P. O.,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695003.
          BY ADVS.
          P.N.SUKUMARAN
          A.K.ARUN CHANDRAN
          AKHIL S.VISHNU


RESPONDENT/S:

          RAJKUMAR R
          AGED 35 YEARS
          S/O RAJENDRAN PILLAI, RESIDING AT VYSAKH HOUSE,
          KONGAL PARAVOOR P. O., PARAVOOR VILLAGE, KOLLAM
          DISTRICT, PIN - 691301.
    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.443 of 2021

                           C.S DIAS,J.
                       ---------------------------
                   Tr.P (C) No.443 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 (HMA)

No.556/2021 (Annexure 3) from the Family Court, Kollam

to the Family Court, Thiruvananthapuram.

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 MC 18/2021

(Annexure 1) before the Chief Judicial Magistrate Court,

Thiruvananthapuram, invoking the provisions of the

Protection of Women from Domestic Violence Act, 2005.

She has also filed MC 131/2021 (Annexure 2) before the

Family Court, Thiruvananthapuram, seeking an order of

maintenance for herself and child. Now the respondent

as a counterblast to the above proceedings has filed

Annexure 3, seeking a decree for restitution of conjugal

Tr.P (C) No.443 of 2021

rights. The respondent is contesting Annexures 1 and 2

before the Courts in Thiruvananthapuram. Therefore,

no hardship would be caused to him in Annexure 3

being transferred from the Family Court, Kollam to the

Family Court, Thiruvananthapuram. Hence, the transfer

petition.

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

Tr.P (C) No.443 of 2021

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

Annexures 1 and 2 are pending before the Courts in

Thiruvananthapuram, and the respondent has already

entered appearance, 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 (HMA) No.556/2021 from

the Family Court, Kollam to the Family Court,

Thiruvananthapuram. 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, Kollam, with

instructions to forthwith transmit the records in

Annexure 3 to the Family Court, Thiruvananthapuram.

Tr.P (C) No.443 of 2021

The Family Court, Thiruvananthapuram, shall,

immediately on the receipt of the records in O.P (HMA)

556/2021, post Annexure 3 along with Annexure 2.

sd/-

Sks/9.6.2022                          C.S.DIAS, JUDGE

Tr.P (C) No.443 of 2021


                    APPENDIX OF TR.P(C) 443/2021

PETITIONER ANNEXURES
Annexure 1         TRUE COPY OF MC NO.18/2021 FILED BY THE
                   PETITIONER BEFORE THE CJM COURT,
                   THIRUVANANTHAPURAM.
Annexure 2         TRUE COPY OF THE MC NO.131/2021 FILED BY

THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

Annexure 3 TRUE COPY OF THE PETITION FILED AS OP (HMA) 556/2021 BEFORE THE FAMILY COURT, KOLLAM.

Tr.P (C) No.443 of 2021