Pushpa.A vs P.V.Viswanathan
2022 Latest Caselaw 5849 Ker

TR.P(C) NO. 334 OF 2021
                                     1

             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. 334 OF 2021
   AGAINST THE ORDER/JUDGMENT IN OP 1/2021 OF FAMILY COURT,
                               KASARAGOD
PETITIONER/S:

            PUSHPA.A
            AGED 43 YEARS
            D/O.(LATE) M. KRISHNAN NAIR, P.O. THIMIRI (VIA),
            CHERUVATHUR, KASARAGOD DISTRICT - 671313.

            BY ADVS.
            M.SASINDRAN
            P.K.SUBHASH



RESPONDENT/S:

            P.V.VISWANATHAN
            AGED 47 YEARS
            S/O. KUNHAMBU NAMBIAR, SREE KRISHNA KRIPA, P.O.
            MATHIL - 670307, PAYYANNUR (VIA), KANNUR DISTRICT.

            BY ADV G.KRISHNAKUMAR




     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. 334 OF 2021
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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.1/2021

(Annexure A1) from the Family Court, Kasaragod to the

Family Court, Kannur.

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

memorandum of transfer petition is that; the respondent

has filed Annexure A1, seeking a decree for divorce. There

were earlier rounds of litigations between the parties

before the Family Court, Kannur. Now execution

proceeding is pending before the Family Court, Kannur, as

against the respondent. The respondent has deliberately

filed Annexure A1 before the Family Court, Kasaragod, to

harass the petitioner. The petitioner and her child are

residing within the jurisdiction of the Family Court, Kannur.

Therefore, it would be convenient for the petitioner to

contest Annexure A1 before the Family Court, Kannur.

More over, the respondent has to necessarily contest the

execution proceeding before the Family Court, Kannur. TR.P(C) NO. 334 OF 2021

Therefore, no prejudice would be caused to the

respondent, if Annexure A1 being transferred to the Family

Court, Kannur. Hence the transfer petition.

3. Heard; the learned counsel appearing for the

petitioner and the learned counsel appearing for the

respondent.

4. It is on record that there were earlier rounds of

litigations between the parties and the execution

proceeding is pending against the respondent before the

Family Court, Kannur.

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 TR.P(C) NO. 334 OF 2021

looked into, while ordering the transfer of a case from one

Court to another.

6. In the light of the uncontroverted averments on

record, the totality of the facts and circumstances of the

case and the law laid down by the Hon'ble Supreme Court

in the afore-cited 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

transfer of O.P.No.1/2021 from the Family Court,

Kasaragod to the Family Court, Kannur. The Registry shall

forward a copy of this judgment to the Family Court,

Kasaragod with instructions to forthwith transmit the

records in O.P. No.1/2021 to the Family Court, Kannur. The

parties are directed to appear before the Family Court,

Kannur on 18.07.2022.

sd/-

C.S.DIAS, JUDGE rkc/31.05.22 TR.P(C) NO. 334 OF 2021

APPENDIX OF TR.P(C) 334/2021

PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF THE PETITION IN OP NO.

                       1/2021 ON THE    FILE OF FAMILY COURT,
                       KASARAGOD.