Krishna Prabha vs Midhun.V
2023 Latest Caselaw 3398 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
   FRIDAY, THE 24TH DAY OF MARCH 2023/3RD CHAITHRA, 1945
                  TR.P(C) NO. 266 OF 2022
  AGAINST THE ORDER/JUDGMENT OP 913/2021 OF FAMILY COURT,
                         ALAPPUZHA
PETITIONER/1ST RESPONDENT:

            KRISHNA PRABHA
            AGED 33 YEARS
            D/O. VASANTHA, T.C 35/351,
            SRA-9, VISHNUPRABHA, PTP ROAD,
            ELIPPODU, THIRUMALA VILLAGE,
            THIRUVANANTHAPURAM, PIN - 695 006.

            BY ADV G.SUDHEER
RESPONDENTS/PETITIONER & RESPONDENTS 2 TO 4:

    1       MIDHUN. V
            AGED 34 YEARS, S/O. P.K. VIJAYAN,
            D.103, PARTHA AVENUE, NEAR ONGC,
            CHANDUKEDA P. O, AHMADABAD,
            GANDHI NAGAR DISTRICT, GUJARATH - 382 424.
    2       K.N. RAVI,
            AGED 60 YEARS
            TC.35/351, SRA - 9, VISHNUPRABHA,
            PTP ROAD, ELIPPODU, THIRUMALA VILLAGE,
            THIRUVANANTHAPURAM, PIN - 695 006.
    3       VASANTHA
            AGED 55 YEARS, W/O. K.N. RAVI,
            TC. 35/351, SRA - 9, VISHNUPRABHA,
            PTP ROAD, ELIPPODU,
            THIRUMALA VILLAGE, THIRUVANANTHAPURAM
            PIN - 695 006.
    4       VISHNU
            AGED 35 YEARS
            S/O. K.N. RAVI, T.C. 35/351, SRA - 9,
            VISHNUPRABHA, PTP ROAD, ELIPPODU,
            THIRUMALA VILLAGE, THIRUVANANTHAPURAM,
            PIN - 695 006.



     THIS    TRANSFER   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 TR.P(C) NO. 266 OF 2022
                                  2



                                ORDER

Dated this the 24th day of March, 2023

The transfer petition is filed under Sec.24 of the

Code of Civil Procedure, seeking to transfer O.P

No.913 of 2021 (Annexure-A) from the Family Court,

Alappuzha, to the Family Court, Thiruvananthapuram.

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

memorandum of transfer petition is that, she is the

wife of the 1st respondent. Respondents 2 to 4 are the

parents and brother of the petitioner. The petitioner

and the 1st respondent have a daughter born in the

wedlock. The 1st respondent is employed and

permanently settled in Gujarat. The petitioner and

her daughter are residing in her parental home at

Thiruvananthapuram. This Court by its order dated

15.07.2022 in TR.P(C) No.753 of 2019 has already

ordered the transfer of O.P No.905 of 2019 from

Family Court, Alappuzha to the Family Court, TR.P(C) NO. 266 OF 2022

Thiruvananthapuram. Therefore, Annexure-A also may

be transferred. Hence, the transfer petition.

3. Heard Sri.G.Sudheer, the learned counsel

appearing for the petitioner. Even though the notice

has been served on the respondents, there is no

appearance.

4. The law with respect to transfer of

proceedings, particularly matrimonial disputes, is no

longer resintegra, in view of the categoric declaration

of law by the Hon'ble Supreme Court in Sumitha

Sing V. Kumar Sanjay and another [2002 KHC

1889], Mona Aresh Goel V. Aresh Satya Goel [2000

KHC 1835], Vaishali Shridhar Jagtap V. Shridhar

Vishwanath Jagtap [2016 KHC 6489] and Santhini

V. Vijaya Venkatesh [2017 (5) KHC 48]. 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.

TR.P(C) NO. 266 OF 2022

5. In the light of the law laid down in the

aforecited decisions, the uncontroverted pleadings

and materials on record, the totality of the facts and

circumstances of the case, particularly the fact that

this Court has already exercised its discretionary

powers and ordered the transfer of O.P No.905 of

2019 in TR.P(C) No.753 of 2019, I am of the view that

the petitioner is entitled for same relief in the present

transfer petition, so that all the cases between the

parties can be consolidated and jointly tried, which

will save precious judicial time and avoid conflict of

decisions.

In the result, I allow the transfer petition as

follows:-

(i) O.P No.913 of 2021 is transferred from

the Family Court, Alappuzha to the Family

Court, Thiruvananthapuram.

(ii) The parties would be at liberty to move

the Family Court, Thiruvananthapuram and TR.P(C) NO. 266 OF 2022

seek for consolidation and joint trial of all the

cases between them.

(iii) The Registry shall forward a copy of this

order to the Family Court, Alappuzha, with

instructions to forthwith transmit the records

in Annexure-A to the Family Court,

Thiruvananthapuram.

(iv) The Family Court, Thiruvananthapuram,

shall, immediately on the receipt of the

records in Annexure-A, post the case along

with connected cases between the parties.

Sd/-

C.S.DIAS JUDGE

SPR TR.P(C) NO. 266 OF 2022

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE O.P NO. 913/2021 ON THE FILE OF THE FAMILY COURT, ALAPPUZHA. ANNEXURE B TRUE COPY OF NOTICE TO APPEAR BEFORE THE FAMILY COURT, ALAPPUZHA IN O.P NO. 913/2021 DATED 12.10.2021.

ANNEXURE C TRUE COPY OF THE O.P NO.2617/2021 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM FILED BY THE PETITIONER.

RESPONDENTS EXHIBITS: NIL.