Raneisha.P.R vs Jibu
2022 Latest Caselaw 5854 Ker

            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. 15 OF 2022
 TO TRANSFER OP 1122/2021 OF FAMILY COURT, IRINJALAKUDA TO THE
                 FAMILY COURT, THIRUVANANTHAPURAM
PETITIONER/S:

          RANEISHA.P.R
          PANDIYALAKKAL HOUSE, NELLAYI P.O., VYLOOR, KERALA-
          680305, NOW RESIDING AT ASHOKAN, KARTHIKA,
          CHEMPAZHANTHI P.O., THIRUVANANTHAPURAM-695587.
          BY ADV JAYADEVAN J


RESPONDENT/S:

    1     JIBU
          AGED 44 YEARS
          S/O. SHIVARAMAN, MEMADANGGU DESHATH PULIKKAN HOUSE,
          MEMADANGGU P.O., PIN-686672.
    2     RAVI,
          AGED 61 YEARS
          S/O. KRISHNAN, NELLAYI VILLAGE, NELLAYI P.O., PIN-
          680305.
    3     USHA,
          AGED 57 YEARS
          W/O. RAVI, NELLAYI VILLAGE, NELLAYI P.O., PIN-680305.
    THIS TRANSFER PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                     2
Tr.P(C) No.15 of 2022

                          C.S DIAS,J.
                      ---------------------------
                  Tr.P(C) No.15 of 2022
                     -----------------------------
           Dated this the 31st day of May, 2022.

                                 ORDER

The transfer petition is filed under Sec.24 of the

Code of Civil Procedure seeking to transfer O.P

No.1122/2021 (Annexure A3) from the Family Court,

Irinjalakkuda to the Family Court, Thiruvananthapuram.

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

memorandum of transfer petition is that, she is the

respondent in Annexure A3, which is pending before the

Family Court, Irinjalakkuda, filed by the respondents,

who are her former husband and parents-in-law,

seeking custody of the minor child of the petitioner and

the first respondent. The marriage between the

petitioner and first respondent was dissolved by

Annexure A1 decree passed by the Family Court,

Muvattupuzha. There was no condition in Annexure A1

regarding the custody of the child. The petitioner has

not denied the custodial rights of the child to the

Tr.P(C) No.15 of 2022

respondent. The petitioner is presently employed in

Thiruvananathapuram and the child is studying in Good

Shepherd School, Sreekaryam. Now the respondents

have filed Annexure A3, seeking custody of the child.

The petitioner and the child would be put to severe

hardships and inconveniences if Annexure A3 is

permitted to be prosecuted before the Family Court,

Irinjalakkuda. Hence, in the interest of justice and

convenience of parties, Annexure A3 may be

transferred from the the Family Court, Irinjalakkuda to

the Family Court, Thiruvananthapuram.

3. Heard the learned counsel appearing for the

petitioner. Even though notice was served on the

respondents, there is no appearance for them.

4. In the light of the uncontroverted averments in

the transfer petition and that the petitioner and the

child are residing at Thiruvananthapuram and it will

take them whole day to travel to the Family Court,

Irinjalakkuda in order to defend Annexure A3, I am

convinced that the petitioner has made out a case to

Tr.P(C) No.15 of 2022

transfer Annexure A3 from the Family Court,

Irinjalakkuda to the Family Court, Thiruvananthapuram.

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], Santhini V.

Vijaya Venkatesh [2017 (4) KLT 415 (SC)] Valsal

Nisha v. Rajesh Soman Nair [2020(8) KLR 475]

wherein it is 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 inclined to

Tr.P(C) No.15 of 2022

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. 1122/2021 from the Family

Court, Irinjalakkuda to the Family Court,

Thiruvananthapuram. The Registry shall forward a

copy of this judgment to the Family Court, Irinjalakkuda

with instructions to forthwith transmit the records in

O.P.No.1122/2021 to the Family Court,

Thiruvananthapuram. The Family Court,

Thiruvananthapuram shall, immediately on the receipt

of the records in OP 1122/2021, issue notice to the

parties for their appearance .

SD/-

Sks/31.5.2022                               C.S.DIAS, JUDGE

Tr.P(C) No.15 of 2022


                    APPENDIX OF TR.P(C) 15/2022

PETITIONER ANNEXURES
Annexure A1        A TRUE COPY OF JUDGMENT IN OP
                   NO.619/2019 DATED 24.6.2021.
Annexure A2        A TRUE COPY OF THE APPOINTMENT LETTER.
Annexure A3        A TRUE COPY OF O.P. NO.1122/2021 OF
                   FAMILY COURT, IRINJALAKUDA.