Gincy P.Thambi vs P. Joju Peter
2022 Latest Caselaw 5850 Ker

TR.P(C) NO. 658 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. 658 OF 2021
       AGAINST THE ORDER/JUDGMENT IN OP 856/2021 OF FAMILY
                              COURT,ERNAKULAM
PETITIONER/S:

             GINCY P.THAMBI
             AGED 34 YEARS
             D/O.P.G.THAMBI, PERINGHAT HOUSE, SOUTH BAZAR,
             KUNNAKULAM, THRISSUR DISTRICT, PIN - 680 503.

             BY ADVS.
             C.A.CHACKO
             C.M.CHARISMA
             ALEKH THOMAS
             SHIBIN K.F.



RESPONDENT/S:

             P. JOJU PETER
             AGED 41 YEARS
             S/O.P.K.PETER, PAZHUNNAN HOUSE, DESHABHIMANI ROAD,
             KALOOR, KOCHI - 682 017.


      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. 658 OF 2021
                                 2

                            ORDER

The transfer petition is filed under Section 24 of the

Code of Civil Procedure seeking to transfer

O.P.No.856/2021 (Annexure A4) from the Family Court,

Ernakulam to the Family Court, Thrissur.

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

memorandum of transfer petition is that; she has filed

M.C.No.489/2020 (Annexure A1) seeking an order of

maintenance for herself and her minor son before the

Family Court, Thrissur. The respondent had filed O.P.

No.2202/2020 (Annexure A2) before the Family Court,

Ernakulam, seeking a decree of divorce. The petitioner

had earlier filed Tr.P(C) No.48/2021 before this Court,

seeking to transfer Annexure A2 to the Family Court,

Thrissur. This Court by Annexure A3 order allowed the

transfer petition and transferred Annexure A2 to the

Family Court, Thrissur. Immediately, thereafter, the

respondent has filed Annexure A4 before the Family Court,

Ernakulam, seeking a decree for restitution of conjugal TR.P(C) NO. 658 OF 2021

rights. The petitioner and her minor son are residing at

Thrissur. She would be put to severe prejudice, if she is to

contest Annexure A4 before the Family Court, Ernakulam.

More over two cases between the parties are pending

before the Family Court, Thrissur. Therefore, no prejudice

would be caused to the respondent since he has to contest

Annexure A1 and A2 before the Family Court, Thrissur.

Hence, the transfer petition.

3. Even though notice has been served on the

respondent, there is no appearance for him.

4. It is on record that Annexure A1 and A2 are

pending before the Family Court, Thrissur. It is also

evident that this Court had by Annexure A3 ordered the

transfer of Annexure A2 from the Family Court, Ernakulam

to the Family Court, Thrissur. It is thereafter that the

respondent has filed Annexure A4. Thus the petitioner has

established a case to transfer Annexure A4.

5. The law with respect to transfer of proceedings,

particularly matrimonial disputes, is no longer res-integra, TR.P(C) NO. 658 OF 2021

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 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.856/2021 from the Family Court,

Ernakulam to the Family Court, Thrissur. The parties TR.P(C) NO. 658 OF 2021

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

seeking for consolidation and joint trial of all the

proceedings between them. The Registry shall forward a

copy of this judgment to the Family Court, Ernakulam with

instructions to forthwith transmit the records in O.P.

No.856/2021 to the Family Court, Thrissur. The Family

Court, Thrissur shall, immediately on receipt of the

records in O.P.No.856/2021, call the case along with

Annexure A1 and A2.

Sd/-

C.S.DIAS, JUDGE rkc/31.05.22 TR.P(C) NO. 658 OF 2021

APPENDIX OF TR.P(C) 658/2021

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF M.C.NO.489/20 FILED BY PETITIONER BEFORE THE FAMILY COURT, THRISSUR.

Annexure A2 TRUE COPY OF O.P.NO.2202/20 FILED BY RESPONDENT BEFORE FAMILY COURT, ERNAKULAM.

Annexure A3 TRUE COPY OF ORDER IN TR.P(C) NO.48/2021 OF THIS HON'BLE COURT DATED 22/3/2021.

Annexure A4 TRUE COPY OF OP NO.856/2021 FILED BY RESPONDENT BEFORE FAMILY COURT, ERNAKULAM.