Vidya vs Arun Raj
2022 Latest Caselaw 6776 Ker

TR.P(C) NO. 710 OF 2021
                                1

            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. 710 OF 2021
   AGAINST THE ORDER/JUDGMENT IN OP 1323/2020 OF FAMILY COURT,
                           MAVELIKKARA
PETITIONER/RESPONDENT:

          VIDYA,
          AGED 21 YEARS,
          D/O. VIKRAMAN PILLAI, VISHNU BHAVANAM, PUTHENPURAKKAL,
          MEENATH CHERI, KAVANAD P.O, KOLLAM - 691003.

          BY ADVS.
          C.R.JAYAKUMAR
          NOBEL RAJU


RESPONDENT/PETITIONER:

          ARUN RAJ, AGED 29 YEARS,
          S/O. RAJENDRAN PILLAI, PRASANTHY BHAVAN, CHUNAKKARA
          VILLAGE, MAVELIKKARA TALUK, CHARUMMOODU P.O, ALAPPUZHA
          - 690505.


     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. 710 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 1323/2020 (Annexure

A1) from the Family Court, Mavelikara to the Family Court,

Kollam.

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 on the petitioner,

she was constrained to live in her parental home. The

respondent has filed Annexure A1 before the Family Court,

Mavelikara seeking a decree of divorce. There is no person

to chaperone the petitioner from Kollam to Mavelikara to

contest Annexure A1. On the other hand, no inconvenience

would be caused to the respondent in ordering the transfer of

the case. 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. TR.P(C) NO. 710 OF 2021

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 and in

the totality of the facts and circumstances of the case, I

am inclined to exercise the discretionary powers of this

Court under Section 24 of the Code of Civil Procedure and

allow the transfer petition.

TR.P(C) NO. 710 OF 2021

In the result, I allow the transfer petition by ordering

the transfer of O.P No.1323/2020 from the Family Court,

Mavelikara to the Family Court, Kollam. The Registry shall

forward a copy of this order to the Family Court, Mavelikara

with instructions to forthwith transmit the records in

Annexure A1 to the Family Court, Kollam. The Family Court,

Kollam shall immediately on the receipt of the records in

Annexure-A1, issue notice to the parties for their appearance.

ma/14.6.2022                         Sd/-C.S.DIAS, JUDGE
 TR.P(C) NO. 710 OF 2021


                  APPENDIX OF TR.P(C) 710/2021

PETITIONER ANNEXURES

Annexure A1            THE TRUE COPY OF THE PETITION IN OP NO.

1323/2020 ON THE FILES OF FAMILY COURT, MAVELIKKARA.

Annexure A2 THE TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE LOCAL REGISTRAR THAZHAKARA GRAMA PANCHAYAT DATED 13.03.2018.

Annexure A3 THE TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE CHARGE OFFICER, SAKTHIKULANGARA ZONAL OFFICE, KOLLAM CORPORATION DATED 03.01.2020.