Dr.Priya Ajith Kunnel vs Dr. Thomas Paul
2022 Latest Caselaw 7460 Ker

TR.P(C) NO. 42 OF 2021
                                    1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
    FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                        TR.P(C) NO. 42 OF 2021
             OP 1138/2020 OF FAMILY COURT,TRIVANDRUM
PETITIONER/S:

            DR.PRIYA AJITH KUNNEL
            AGED 26 YEARS
            W/O. DR. THOMAS PAUL, FLAT NO.102, CONFIDENT
            ANTLIA III, THANNIKKAL JUNCTION, ELAMAKKARA P.O.,
            ERNAKULAM-682 026.

            BY ADVS.
            SRI.SAJAN MANNALI
            SRI.AADITHYAN S.MANNALI



RESPONDENT/S:

            DR. THOMAS PAUL
            AGED 32 YEARS
            S/O. ADV.ABEY PAUL, EDATTEL, MUTTADA P.O., PATTOM
            VILLAGE, THIRUVANANTHAPURAM-695 025.

            BY ADVS.
            SRI.SHAJIN S.HAMEED
            SHRI.MELWIN BYJU




     THIS    TRANSFER    PETITION       (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 TR.P(C) NO. 42 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.1138/2020 from the Family Court,

Thiruvananthapuram to the Family Court, Ernakulam.

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

memorandum of transfer petition is that, she is the wife

of the respondent. The respondent has treated the

petitioner with matrimonial cruelty. He has now filed

O.P.No.1138/2020 before the Family Court,

Thiruvananthapuram, seeking a decree of divorce. The

petitioner is suffering from severe disk prolapse since

2017. She has been advised surgery. Exts.P8 to P12

substantiate this aspect. The petitioner is residing with

her mother in Ernakulam. There is no person to

chaperone her from Ernakulam to Thiruvananthapuram

to contest O.P.No.1138/2020. More over, since the

respondent's father is a practicing Lawyer at

Thriuvananthapuram, the petitioner apprehends that he TR.P(C) NO. 42 OF 2021

would tamper with the case. Hence, the transfer

petition.

3. Heard; Smt. K. Sunitha Vinod, the learned

counsel appearing for the petitioner and Sri. Shajin

S.Hameed, 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

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- TR.P(C) NO. 42 OF 2021

cited decisions, the uncontroverted pleadings and

materials on record, the totality of the facts and

circumstances of the case, especially the fact that the

petitioner is residing at Ernakulam and she is suffering

from severe back ailment, as evidenced by Exts.P8 to

P12 and there is no person to accompany her from

Ernakulam to Thriuvananthapuram, 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 O.P.No.1138/2020 from the Family Court,

Thiruvananthapuram to the Family Court, Ernakulam.

In the result, I allow the transfer petition as

follows:-

(i) O.P No.1138/2020 is transferred from the Family

Court, Thiruvananthapuram to the Family Court,

Ernakulam.

(ii) The Registry shall forward a copy of this order

to the Family Court, Thiruvananthapuram with

instructions to forthwith transmit the records in TR.P(C) NO. 42 OF 2021

O.P.No.1138/2020 to the Family Court,

Ernakulam.

(iii) The Family Court, Ernakulam shall, immediately

on receipt of the records in O.P.No.1138/2020,

issue notice to the parties for their appearance.

SD/-

C.S.DIAS, JUDGE

rkc/22.06.22 TR.P(C) NO. 42 OF 2021

APPENDIX OF TR.P(C) 42/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF COMPLAINT DATED 23.6.2020 SUBMITTED BY THE PETITIONER BEFORE ELAMAKKARA STATION OFFICER.

EXHIBIT P2 A RUE COPY OF THE JUDGMENT DATED 11.9.2020 IN WP(CRL) NO.174/2020 ISSUED BY THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P3 A TRUE COPY OF THE CAVEAT NUMBERED AND DATED NIL.

EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 10.12.2020 ISSUED BY THIRUVANANTHAUPRAM FAMILY COURT ASKING HER TO APPEAR ON 22.2.2020 IN O.P.NO.1138/2020 FILED BY THE RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE MRI REPORT DATED 23.3.2018 REGARDING THE SCAN RESULT OF THE PETITIONER.

EXHIBIT P6 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 19.4.2018 ISSUED FROM KRISHNA HOSPITAL.

EXHIBIT P7 A TRUE COPY OF THE BILL DATED 19.4.2018 ISSUD WHILE DISCHARGING FROM KRISHNA HOSPITAL.

EXHIBIT P8 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 19.4.2018 ISSUED WHILE DISCHARGING FROM KRISHNA HOSPITAL.

EXHIBIT P9 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 4.7.2018 ISSUED FROM SREE AGASTHYA MEDICAL CENTRE.

EXHIBIT P10 A TRUE COPY OF BILL DATED 4.7.2018 FOR RS.65438/- PAID AT SREE AGASTHYA MEDICAL CENTRE.

TR.P(C) NO. 42 OF 2021

EXHIBIT P11 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 4.7.2018 ISSUED BY DR.YOGIDAS OF SREE AGASTHYA MEDICAL CENTRE.

EXHIBIT P12 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 11.1.2021 ISSUED BY DR. RAMASWAMY OF KRISHNA HOSPITAL, ERNAKULAM.