Soumya S. Dharan vs Kiran. R
2022 Latest Caselaw 5853 Ker

TR.P(C) NO. 671 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. 671 OF 2021
     AGAINST THE ORDER/JUDGMENT IN OP(HMA) 588/2020 OF FAMILY
                               COURT,KOLLAM
PETITIONER/S:

             SOUMYA S. DHARAN
             AGED 39 YEARS
             D/O. V.SASIDHARAN, RESIDING AT A S.R.NIVAS, KALLAYAM
             P.O., KARAKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT-
             695 043

             BY ADVS.
             S.RAJASEKHARAN NAIR
             RAJU SEBASTIAN VADAKKEKKARA
             S.KRISHNA KUMAR (MANGALAM)
             SANTHOSH BHASKARAN NAIR
             SABAD K.H.
             BERTRAND BASIL



RESPONDENT/S:

             KIRAN. R, AGED 42 YEARS
             S/O. RAVIDASAN, RESIDING AT GEETHANJALI, THATTAMALA
             P.O., MYTHIRI NAGAR, VADAKKEVILA VILLAGE, KOLLAM
             DISTRICT, PIN-691 020


      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. 671 OF 2021
                                  2

                               ORDER

The transfer petition is filed under Section 24 of the

Code of Civil Procedure seeking to transfer O.P.(HMA)

No.588/2020 (Annexure A1) from the Family Court, Kollam

to the Family Court, Nedumangadu.

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

of transfer petition is that; she is the respondent in

Annexure A1 filed by the respondent - her husband -

seeking a decree for restitution of conjugal rights. The

petitioner had earlier filed OP No.943/2020 before the

Family Court, Nedumangad seeking a decree for recovery of

money, gold ornaments and other reliefs. During the

pendency of the said case, the respondent had filed

Annexure A1. Subsequently, the parties had entered into a

settlement and the petitioner withdrew OP No.943/2020.

But contrary to the terms of settlement, the respondent has

refused to withdrew Annexure A1. Now the petitioner has

filed OP No.1069/2021 before the Family Court,

Nedumangad, seeking maintenance for herself, her two sons TR.P(C) NO. 671 OF 2021

and also for recovery of money, gold ornaments and other

consequential reliefs. The petitioner and her two children

are residing at Kallayam at her parental home in

Thiruvananthapuram. The petitioner would find difficult to

travel from Thiruvananthapuram to Family Court,Kollam to

attend Annexure A1 proceeding. 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 him.

4. In the light of the uncontroverted averments in the

memorandum of transfer petition, particularly that the

petitioner and her two children are residing at

Thiruvananthapuram and Annexure A2 proceeding is

pending before the Family Court, Nedumangad, I find that

the balance of convenience is in favour of the petitioner

because if she has to defend Annexure A1 before the Family

Court, Kollam, she would be put to severe prejudice and

difficulty.

5. The law in respect of transfer of proceedings, TR.P(C) NO. 671 OF 2021

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. 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

the transfer of O.P.(HMA) No.588/2020 from the Family

Court, Kollam to the Family Court, Nedumangad. The

parties would be at liberty to move the Family Court, TR.P(C) NO. 671 OF 2021

Nedumangad, 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, Kollam with

instructions to forthwith transmit the records in O.P.(HMA)

No.588/2020 to the Family Court, Nedumangad. The parties

are directed to appear before the Family Court,

Nedumangad on 25.07.2022.

sd/-

C.S.DIAS, JUDGE rkc/31.05.22 TR.P(C) NO. 671 OF 2021

APPENDIX OF TR.P(C) 671/2021

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE OP (HMA) NO.588/2020 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, KOLLAM

Annexure A2 TRUE COPY OF THE OP NO.1069/2021 FILED BEFORE THE FAMILY COURT, NEDUMANGAD