Kerala High Court
Amrutha K.P vs Praveen V.V on 31 May, 2022
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. 741 OF 2021
TO TRANSFER OP 489/2021 OF FAMILY COURT, KANNUR TO THE FAMILY
COURT, KASARAGOD
PETITIONER/S:
AMRUTHA K.P.,
AGED 29 YEARS
D/O.KAMALAKSHAN.M., REKHA NILAYAM, NEAR TALUK
HOSPITAL NILESWARAM, VATTAPOYIL, NILESWARAM VILLAGE,
HOSDURG TALUK, KASARAGOD, PIN-671 314.
BY ADVS.
RAHUL SASI
NEETHU PREM
RESPONDENT/S:
PRAVEEN V.V.,
AGED 36 YEARS
S/O.V.V.PRABHAKARAN, PRABHA NIVAS, PUTHIYANKAVU HIGH
SCHOOL ROAD, VELLUR VILLAGE, VELLUR P.O., PAYYANNUR
TALUK, KANNUR, PIN-670 307.
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.741 of 2021
C.S DIAS,J.
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Tr.P(C) No.741 of 2021
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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.489/2021 (Annexure A1) from the Family Court,
Kannur to the Family Court, Kasargod.
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 her husband
- the respondent in the transfer petition - seeking a decree
for restitution of conjugal rights. The petitioner and her
five year old son are living at Hosdurg, Kasaragod. They
would find it extremely difficult to conduct Annexure A1
before the Family Court, Kannur. Hence, the case may be
transferred to the Family Court, Kasaragod.
Tr.P(C) No.741 of 2021
3. Heard the learned counsel appearing for the
petitioner. Even though notice has been served on the
respondent, there is no appearance for him.
4. 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.
5. In view of the uncontroverted averments in the
transfer petition and the law laid down in the aforecited
decisions, I find that the petitioner has made out a case to
Tr.P(C) No.741 of 2021
transfer Annexure A1 from the Family Court, Kannur to
the Family Court, Kasargod.
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 exercise
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. 489/2021 from the Family Court,
Kannur to the Family Court, Kasargod. The Registry shall
forward a copy of this judgment to the Family Court,
Kannur with instructions to forthwith transmit the records
in O.P. 489/2021 to the Family Court, Kasaragod. The
Family Court, Kasargod shall, immediately on the receipt
of the records in OP 489/2021, issue notice to the parties
for their appearance .
sd/-
Sks/31.5.2022 C.S.DIAS, JUDGE
Tr.P(C) No.741 of 2021
APPENDIX OF TR.P(C) 741/2021
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE PETITION FILED BY THE
RESPONDENT IN OP NO.489 OF 2021 ON THE
FILES OF THE HON'BLE FAMILY COURT, KANNUR.
Annexure A2 THE TRUE COPY OF THE BIRTH CERTIFICATE OF
THE MINOR SON OF THE PETITIONER.
