Sheza Mol K.P vs Manas P.M
2022 Latest Caselaw 5852 Ker

TR.P(C) NO. 80 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. 80 OF 2022
  AGAINST THE ORDER/JUDGMENT IN OP 594/2021 OF FAMILY COURT,
                               VADAKARA
PETITIONER/S:

            SHEZA MOL K.P,
            AGED 23 YEARS
            D/O. NOUSHAD, K.P. HOUSE COLLEGE, KUPPADI, SULTHAN
            BATHERY, POST KUPPADI, WAYANAD-673 592

            BY ADVS.
            R.SUDHISH
            M.MANJU
            MERIN THOMAS



RESPONDENT/S:

            MANAS P.M,AGED 30 YEARS, S/O. MOIDU, MANAD HOUSE,
            VILLIAPPALLY, MAYYANNOOR POST, VILLIAPPALLY VILLAGE,
            VADAKARA, KOZHIKODE-673 542

            BY ADVS.
            K.M.RAMADAS
            ZUBAIR PULIKKOOL




     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. 80 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.594/2021 (Annexure A1) from the Family Court,

Vadakara to the Family Court, Wayanad.

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

memorandum of transfer petition is that; she is the

respondent in Annexure A1, which is filed by the

respondent - her husband - seeking a decree for

restitution of conjugal rights. She and her 1½ month old

baby are residing in Wayanad in her parental home. It

would be extremely difficult for her to travel from Sulthan

Bathery to Vadakara to defend Annexure A1. There is no

person to chaperon her from Wayanad to Vadakara.

Hence, the transfer petition.

3. Heard; the learned counsel appearing for the

petitioner and the learned counsel appearing for the

respondent.

4. The learned counsel appearing for the petitioner TR.P(C) NO. 80 OF 2022

submits that the petitioner has now instituted

M.C.No.15/2022 before the Family Court, Wayanad,

seeking an order of maintenance of her child and herself.

Therefore, Annexure A1 may be transferred, so that the

same can be consolidated and jointly tried with

M.C.No.15/2022

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

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. On a consideration of the fact that the petitioner TR.P(C) NO. 80 OF 2022

and 1½ month old baby are residing at Wayanad and the

petitioner has already filed M.C.No.15/2022 before the

Family Court, Wayanad, I find that the petitioner has

made out a case to transfer Annexure A1 from the Family

Court, Vadakara to the Family Court, Wayanad.

7. In the totality of the facts and circumstances of

the case, 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

transfer of O.P. No.594/2021 from the Family Court,

Vadakara to the Family Court, Wayanad. The parties

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

seeking for consolidation and joint trial of all the

proceedings between the parties pending before the

court below. The Registry shall forward a copy of this

judgment to the Family Court, Vadakara with instructions

to forthwith transmit the records in O.P. No.594/2021 to TR.P(C) NO. 80 OF 2022

the Family Court, Wayanad. The parties are directed to

appear before the Family Court, Wayanad either in

person or through counsel on 02.07.2022.

sd/-

C.S.DIAS, JUDGE rkc/31.05.22 TR.P(C) NO. 80 OF 2022

APPENDIX OF TR.P(C) 80/2022

PETITIONER ANNEXURES

Annexure A1 COPY OF THE ORIGINAL PETITION, O.P.NO.

594 OF 2021 OF THE FAMILY COURT, VADAKARA.

Annexure A2 COPY OF THE CERTIFICATE ISSUED BY THE TALUK LEVEL MEDICAL BOARD OF WAYANAD DISTRICT TO THE PETITIONER'S FATHER DATED 22.08.2019.