Renju vs Rajesh
2022 Latest Caselaw 6775 Ker

TR.P(C) NO. 809 OF 2021
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              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
    TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                      TR.P(C) NO. 809 OF 2021
      AGAINST THE ORDER/JUDGMENT IN OP 2059/2021 OF FAMILY
                           COURT,THRISSUR
PETITIONER:

          RENJU
          AGED 29 YEARS
          D/O.RAJAN, KARANGADU HOUSE, MIKAVU POST, KOODATHAI
          VILLAGE, KANJIRAD, THAMARASSERY TALUK, KOZHIKKODE
          -573573 (KODENCHERY POLICE STATION).

          BY ADV SHERLY MOL THOMAS


RESPONDENT:

          RAJESH,
          AGED 37 YEARS,
          S/O. RAJAN, NALLUPURACKAL HOUSE, KANDANACHERRY P.O,
          KUNNAMKULAM, GURUVAYOOR, THRISSUR -680102


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 809 OF 2021
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                             ORDER

The transfer petition is filed under Sec.24 of the Code

of Civil Procedure, seeking to transfer O.P No.2059/2021

(Annexure A2) from the Family Court, Thrissur to the Family

Court, Kozhikode.

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

of transfer petition is that, she is the wife of the respondent.

They are issue-less. Due to the matrimonial cruelty meted

out on the petitioner, she was constrained to file O.P.

1164/2020 (Annexure-A1) before the Family Court,

Kozhikode, seeking a decree to declare their marriage as

null and void. As a counter-blast to the above proceeding,

the respondent has filed Annexure-A2, seeking a decree for

restitution of conjugal rights. There is no person to

chaperone the petitioner from Thamarassery to the Family

Court, Thrissur to defend Annexure A2. The respondent has

not sought for the transfer of Annexure A1. Therefore,

necessarily he would have to appear before the Family Court, TR.P(C) NO. 809 OF 2021

Kozhikode to contest Annexure -A1. Hence the the

transfer petition.

3. Heard the learned counsel appearing for the

petitioner. Even though notice has been served on the

respndent, 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 law laid down by the Hon'ble

Supreme Court in the aforecited decisions, the

uncontroverted pleadings and materials on record, the TR.P(C) NO. 809 OF 2021

totality of the facts and circumstances of the case,

particularly the fact that Annexure A1 is pending before the

Family Court, Kozhikode, and that the respondent has not

sought for the transfer of the said case, I am inclined to

exercise the discretionary powers of this Court under Section

24 of the Code of Civil Procedure and order the transfer of

Annexure A2 from the Family Court, Thrissur to the Family

Court, Kozhikode, so that the cases can be consolidated and

jointly tried which would save precious judicial time and

conflict of decisions.

In the result, I allow the transfer petition by ordering

the transfer of O.P No.2059/2021 from the Family Court,

Thrissur to the Family Court, Kozhikode. The parties would

be at liberty to move the Family Court, Kozhikode to seek for

the consolidation and joint trial of all the cases between

them. Registry shall forward a copy of this order to the

Family Court, Thrissur with instructions to forthwith transmit

the records in Annexure A2 to the Family Court, Kozhikode.

The Family Court, Kozhikode shall, immediately on the TR.P(C) NO. 809 OF 2021

receipt of the records in Annexure-A2, post the case along

with Annexure A1.

Sd/-

14.6.2022                           C.S.DIAS, JUDGE



                          /TRUE COPY/
 TR.P(C) NO. 809 OF 2021





PETITIONER'S EXHIBITS:

ANNEXURE A1: TRUE COPY OF O.P. NO.1164/2020 FILED BY THE

PETITIONER BEFORE FAMILY COURT, KOZHIKODE

RESPONDENT'S EXHIBITS

ANNEXURE A2 TRUE COPY OF O.P. NO.2059/2021 FILED BY THE

RESPONDENT BEFORE THE FAMILY COURT, THRISSUR