Sivaranjini K S vs Dinoop N
2022 Latest Caselaw 5846 Ker

TR.P(C) NO. 245 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. 245 OF 2022
  AGAINST THE ORDER/JUDGMENT IN OP 91/2022 OF FAMILY COURT,
                               MALAPPURAM
PETITIONER/:

            SIVARANJINI K S
            AGED 26 YEARS
            D/O. SANAKARANARAYANAN, KARIMBA HOUSE, KUNIYANKADU
            P.O. PALLIPPADI, MANNARKKAD TALUK, PALAKKAD
            DISTRICT-678 597

            BY ADVS.
            P.JAYARAM
            GIGI PAPPACHAN


RESPONDENT:

            DINOOP N
            AGED 35 YEARS
            S/O. BHASKARAN, NULLUPA HOUSE, P.O. MANNAMALA,
            PACHEERI, MALAPPURAM DISTRICT-679 325


     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. 245 OF 2022
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                                 ORDER

The transfer petition is filed under Section 24 of the

Code of Civil Procedure, seeking to transfer O.P

No.91/2022 (Annexure-A1) from the Family Court,

Malappuram to the Family Court, Ottappalam.

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

memorandum of transfer petition is that; the

respondent/her husband has filed Annexure A1 before the

Family Court, Malappuram, seeking a decree of divorce.

The petitioner and her child are residing in Mannarkkad

Taluk, which is 75kms away from the Family Court,

Malappuram. The petitioner's child is still an infant.

There is no one to chaperone the petitioner from

Mannarkkad to the Family Court, Malappuram. 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. TR.P(C) NO. 245 OF 2022

4. It is on record that the petitioner is residing with

the child in her parental home in Mannarkkad Taluk,

which is more than 75 kms from the Family Court,

Malappuram.

5. 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 [(2001)10 SCC 41)], Mona Aresh 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 TR.P(C) NO. 245 OF 2022

decisions, I am inclined to exercise the discretionary

powers of this Court under Section 24 of the Code of Civil

Procedure.

In the result, I allow the transfer petition by ordering

the transfer of O.P. No.91/2022 from the Family Court,

Malappuram to the Family Court, Ottappalam. , The

Registry shall forward a copy of this judgment to the

Family Court, Malappuram with instructions to forthwith

transmit the records in O.P. 91/2022 to the Family Court,

Ottappalam. The Family Court, Ottappalam shall,

immediately on receipt of the records, issue notice to the

parties for their appearance.

Sd/-

ma/31.05.2022 C.S.DIAS, JUDGE

/True copy/ TR.P(C) NO. 245 OF 2022

APPENDIX OF TR.P(C) 245/2022

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE ORIGINAL PETITION IN OP NO.91/2022, ON THE FILES OF FAMILY COURT, MALAPPURAM