Asha Thomas vs Justin Joseph
2022 Latest Caselaw 6778 Ker

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Tr.P (C) No.667 of 2021


             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. 667 OF 2021
       TO TRANSFER OP 1299/2021 OF FAMILY COURT, KOTTAYAM
PETITIONER/S:

            ASHA THOMAS
            AGED 33 YEARS
            D/O K.O.THOMAS, KAVUNKAL (H), NELLICKAMON
            P.O.ANGADI VILLAGE, RANNI TALUK, PATHANAMTHITTA
            DISTRICT-689 674
            BY ADVS.
            MANU RAMACHANDRAN
            M.KIRANLAL
            R.RAJESH (VARKALA)
            SAMEER M NAIR
            T.S.SARATH
            GEETHU KRISHNAN
            HARSHA SUSAN SAM


RESPONDENT/S:

            JUSTIN JOSEPH, AGED 39 YEARS
            S/O LATE JOSEPH, THARAYIL (H), KALLARA
            P.O.KADUTHURUTHY, VAIKOM TALUK, KOTTAYAM DISTRICT-
            686 611
            BY ADV A.K.HARIDAS


    THIS TRANSFER PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 14.06.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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Tr.P (C) No.667 of 2021



                              C.S DIAS,J.
                          ---------------------------
                     Tr.P (C) No.667 of 2021
                         -----------------------------
                Dated this the 14th 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.1299/2021 (Annexure A3) from the Family Court,

Ettumanoor to the Family Court, Pathanamthitta.

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 daughter born in their

wedlock. Due to the matrimonial cruelty meted out on

the petitioner, she was constrained to file OP

No.1149/2021 (Annexure A1) and MC No.213/2021

(Annexure A2) before the Family Court, Pathanamthitta,

seeking a decree for return of money and gold ornaments

and an order of maintenance, respectively. As a

counterblast to the above proceedings, the respondent

has filed Annexure A3, seeking a decree of divorce. The

Tr.P (C) No.667 of 2021

petitioner and her daughter are residing at Ranni,

Pathanamthitta. It would be difficult for them to travel

all the way from Ranni to Ettumannoor to contest

Annexure A3. Moreover, the respondent has also not

sought for transfer of Annexures A1 and A2. Therefore,

necessarily, he would have to appear before the Family

Court, Pathanamthitta to contest Annexures A1 and A2.

Hence, Annexure A3 may be ordered to be transferred.

3. Heard the learned counsel appearing for the

petitioner and the learned counsel appearing for the

respondent.

      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

Tr.P (C) No.667 of 2021

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 in the afore-

cited decisions, the uncontroverted pleadings and

materials on record, the totality of the facts and

circumstances of the case, particularly the fact that

Annexures A1 and A2 are pending consideration before

the Family Court, Pathanamthitta, and that the petitioner

and her daughter are permanent residents of Ranni

which is within the jurisdiction of Family Court,

Pathanamthitta, I deem it appropriate to order transfer of

Annexure A3, from the Family Court, Ettumanoor to the

Family Court, Pathanamthitta,, so that the cases can be

consolidated and jointly tried, which would avoid conflict

of decisions and save precious judicial time.

In the result, I allow the transfer petition by

ordering the transfer of O.P No.1299/2021 from the

Family Court, Ettumanoor to the Family Court,

Pathanamthitta. The parties would be at liberty to move

Tr.P (C) No.667 of 2021

the Famiy Court, Pathanamthitta 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, Ettumanoor with instructions to forthwith

transmit the records in Annexure A3 to the Family Court,

Pathanamthitta. The Family Court, Pathanamthitta, shall,

immediately on the receipt of the records in Annexure

A3, post the case along with Annexures A1 and A2.

SD/-

Sks/14.6.2022                          C.S.DIAS, JUDGE

Tr.P (C) No.667 of 2021




                    APPENDIX OF TR.P(C) 667/2021

PETITIONER ANNEXURES
Annexure A1         THE TRUE COPY OF THE OP 1149/2021 BEFORE

THE FAMILY COURT, PATHANAMTHITTA SEEKING RETURN OF THE GOLD AND PATERNAL SHARE AMOUNT ETC FILED BY PETITIONER WIFE Annexure A2 THE TRUE COPY OF THE MC NO 213/2021 ON THE FILES OF FAMILY COURT, PATHANAMTHITTA FOR THE MAINTENANCE OF MINOR CHILD Annexure A3 THE TRUE COPY OF THE OP NO 1299/2021 FOR DIVORCE FILED BY RESPONDENT-HUSBAND ON THE FILES OF FAMILY COURT, ETTUMANOOR