Thushara P. Raj vs Shaiju Satheesan
2022 Latest Caselaw 6789 Ker

TR.P(C) NO. 459 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. 459 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OP 605/2021 OF FAMILY COURT,
                                ALAPPUZHA
PETITIONER/RESPONDENT:

            THUSHARA P. RAJ,
            AGED 26 YEARS,
            W/O.SAIJU SATHEESAWN, THONDUM THARA, THEKKETHIL,
            THARAYIL KUNNU, ALUMKADAVU P.O., KOLLAM - 690 573.

            BY ADV M.R.SASITH


RESPONDENT/PETITIIONER:

            SAIJU SATHEESAN
            AGED 33 YEARS
            S/O.SATHEESAN, VELLOM THENDIL, KAKKAZHOM P.O.,
            ALAPPUZHA - 688 005.


     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. 459 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 605/2021

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

Family Court, Chavara.

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 two year old son born in their

wedlock. Due to the marital estrangement between the

couple, the petitioner has filed O.P.550/2021 and MC

No.135/2021 (Annexures A1 and A3) before the Family

Court, Chavara, seeking a decree for return of gold

ornaments and an order of maintenance, respectively. As

a counter-blast to the above proceedings, the respondent

has filed Annexure A2 before the Family Court, Alappuzha

seeking a decree for restitution of conjugal rights. The

petitioner and her child are residing in Kollam. There is no

person to chaperone them from Kollam to Alappuzha. TR.P(C) NO. 459 OF 2021

Moreover, the respondent has not sought for the transfer

of Annexures A1 and A3. Therefore, necessarily he would

have to appear before the Family Court at Chavara. 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 and children that has to be looked into, while

ordering the transfer of a case from one Court to another. TR.P(C) NO. 459 OF 2021

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

totality of the facts and circumstances of the case,

particularly the fact that Annexures A1 and A3 are pending

before the Family Court, Chavara and the petitioner is a

lady, I am inclined to exercise the discretionary powers

of this Court under Section 24 of the Code of Civil

Procedure and transfer Annexure A2 from the Family

Court, Alappuzha to the Family Court, Chavara, so that the

cases can be consolidated and jointly tried, which would

save precious judicial time and avoid conflict of decisions..

In the result, I allow the transfer petition by ordering

the transfer of O.P No.605/2021 from the Family Court,

Alappuzha to the Family Court, Chavara. The parties

would be at liberty to move the Family Court, Chavara 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, Alappuzha with instructions to TR.P(C) NO. 459 OF 2021

forthwith transmit the records in Annexure A2 to the

Family Court, Chavara. The Family Court, Chavara shall

immediately on the receipt of the records in Annexure-A2,

call the case along with Annexures A1 and A3.

ma/14.6.2022                    Sd/- C.S.DIAS, JUDGE
 TR.P(C) NO. 459 OF 2021


                 APPENDIX OF TR.P(C) 459/2021

RESPONDENT ANNEXURES

Annexure A1            TRUE COPY OF OP 550/2021 FILED BY
                       PETITIONER BEFORE THE HON'BLE FAMILY
                       COURT, CHAVARA, KOLLAM.

PETITIONER ANNEXURES

Annexure A2            TRUE COPY OF OP NO.605/2021 FILED BY THE

RESPONDENT BEFORE FAMILY COURT, ALAPPUZHA.

Annexure A3 TRUE COPY OF M.C.NO.135/2021 FILED BY THE PETITIONER BEFORE THE HON'BLE FAMILY COURT, CHAVARA, KOLLAM.