Sangeetha K.S vs Shenumon K.K
2022 Latest Caselaw 5843 Ker

TR.P(C) NO. 9 OF 2022
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              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
     TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                           TR.P(C) NO. 9 OF 2022
AGAINST THE ORDER IN OP 1011/2021 OF FAMILY COURT, IRINJALAKUDA
PETITIONER/RESPONDENT:

             SANGEETHA K.S.
             AGED 37 YEARS
             D/O.SASIKUMAR K.K., KANDATHIPARAMBIL HOUSE,
             NAYARAMBALAM P.O., ERNAKULAM - 682 509.

             BY ADVS.
             V.K.BALACHANDRAN
             DRISHYA K.PRAKASH



RESPONDENT/PETITIONER:

             SHENUMON K.K.
             AGED 41 YEARS
             S/O.LATE KUMARAN, KALAVANPARA HOUSE, ERIYAD VILLAGE,
             CHERAMAN EAST DESOM, KODUNGALLOOR TALULK, PIN - 680
             666, NOW WORKING STOREKEEPER IN TECH HARD OIL FIELD
             SUPPLIES FZE, PLOT NO.S-30207, JEBEL ALI FREE ZONE,
             DUBAI, U.A.E., POST BOX NO.33985.


      THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   31.05.2022,     THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 TR.P(C) NO. 9 OF 2022
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                              ORDER

This transfer petition is filed under Section 24 of the

Code of Civil Procedure seeking to transfer O.P

No.1011/2021 (Annexure-A1) from the Family Court,

Irinjalakuda to the Family Court, Ernakulam.

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

of transfer petition is that; the respondent has filed

Annexure-A1 before the Family Court, Irinjalakuda ,

seeking a decree of divorce. The petitioner has filed O.P

No.3245/2021 (Annexure-A2), before the Family Court,

Ernakulam, seeking a decree for restitution of conjugal

rights. She and her child have also filed MC 328/2021

(Annexure-A3) before the same Court, seeking an order of

maintenance. The respondent is now working abroad.

Therefore, no inconvenience would be caused to him to

contest the above proceedings before the Family Court, TR.P(C) NO. 9 OF 2022

Ernakulam. The petitioner and her child are residing at

Nayarambalam. It would be extremely difficult for them to

travel from Ernakulam to Irinjalakuda to contest Annexure

A1. Hence the transfer petition.

3. Heard the learned counsel appearing for the

petitioner. Even though notice was served on the

respondent, there is no appearance for the respondent.

4. It is on record that the petitioner has filed

Annexures A2 and A3 before the Family Court, Ernakulam

and that the respondent is employed abroad. As rightly

contended by the petitioner, no inconvenience would be

caused to the respondent, if Annexure-A1 proceeding is

transferred from the Family Court,Irinjalakuda to the Family

Court, Ernakulam because he is employed abroad.

5. The law in respect of transfer of proceedings,

particularly in 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 [(2001)10 SCC 41)], Mona Aresh TR.P(C) NO. 9 OF 2022

Goel V. Aresh Satya Goel [(2000) 9 SCC 255], Vaishali

Shridhar Jagtap V. Shridhar Vishwanath Jagtap [AIR

2016 SC 3584] and Santhini V. Vijaya Venkatesh [2017

(4) KLT 415 (SC)]. 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.

6. In the light of the uncontroverted averments in the

memorandum of transfer petition and the law laid down by

the Hon'ble Supreme Court in the afore-cited decisions, I

am satisfied that the discretionary powers of this Court

under Section 24 of the Code of Civil Procedure is to be

exercised.

In the result, I allow the transfer petition by ordering

the transfer of O.P. No.1011/2021 from the Family Court,

Irinjalakuda to the Family Court, Ernakulam. The parties

would be at liberty to move the Family Court, Ernakulam,

seeking for consolidation and joint trial of all the

proceedings. The Registry shall forward a copy of this TR.P(C) NO. 9 OF 2022

judgment to the Family Court, Irinjalakuda, with

instructions to forthwith transmit the records in O.P.

1011/2021 to the Family Court, Ernakulam. The Family

Court, Ernakulam, shall immediately on receipt of the

records in O.P 1011/2021 call the case along with

Annexures-A2 and A3.

Sd/-

ma/31.05.2022                                    C.S.DIAS, JUDGE

                                                     /True copy/
 TR.P(C) NO. 9 OF 2022


                   APPENDIX OF TR.P(C) 9/2022

PETITIONER ANNEXURES

Annexure A1            TRUE COPY OF THE O.P.NO.1011/2021 FILED BY

THE RESPONDENT BEFORE THE FAMILY COURT, IRINJALAKUDA.

Annexure A2 TRUE COPY OF THE OP NO.3245/2021 BEFORE THE FAMILY COURT, ERNAKULAM.

Annexure A3 TRUE COPY OF THE MC NO.328/2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM.