Dr. Anjana Parvathy v. Dr. Adharsh B

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 23[RD] DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 TR.P(C) NO. 718 OF 2022 ``` ``` OP 1127/2022 OF FAMILY COURT, PALAKKAD ``` ## **`PETITIONER/RESPONDENT:`** ``` DR.ANJANA PARVATHY AGED 29 YEARS D/O.T.K. THAMPY, PARVATHEEYAM HOUSE, GREEN LAND, PUTHUPADI.P.O, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, PIN - 686691 ``` ``` BY ADV SACHIN RAMESH ``` ## **`RESPONDENT/PETITIONER:`** ``` DR.ADHARSH B AGED 34 YEARS S/O. BHASKARAN NAIR, SREEVALSAM, PARASSERY P.O, KONGAD VILLAGE, PALAKKAD, PIN - 678631 ``` ``` BY ADV V.A.JOHNSON (VARIKKAPPALLIL) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, ALONG WITH Tr.P(C).715/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` TR.P(C) Nos. 715 & 718 OF 2022 ``` ``` 2 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 23[RD] DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944 TR.P(C) NO. 715 OF 2022 OP 1162/2022 OF FAMILY COURT,PALAKKAD ``` ## **`PETITIONER/RESPONDENT:`** ``` DR. ANJANA PARVATHY AGED 29 YEARS D/O. DR. T. K. THAMPY, PARVATHEEYAM HOUSE, GREEN LAND, PUTHUPADI. P.O, KOTHAMANGALAM VILLAGE , KOTHAMANGALAM TALUK, PIN - 686691 ``` ``` BY ADV SACHIN RAMESH ``` ## **`RESPONDENT/PETITIONER:`** ``` DR. ADHARSH.B AGED 33 YEARS S/O. BHASKARAN NAIR, KONGAD.P.O, SREEVALSAM, PARASSERY, KONGAD VILLAGE, PALAKKAD, PIN - 678631 ``` ``` BY ADV V.A.JOHNSON (VARIKKAPPALLIL) V A ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, ALONG WITH Tr.P(C).718/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` TR.P(C) Nos. 715 & 718 OF 2022 ``` ## **`3`** ## **COMMON ORDER** As the transfer petitions are between the same parties, they are being disposed of by this common order. 2. The transfer petitions are filed by the wife to transfer O.P.Nos.1162/2022 and 1127/2022 from the Family Court, Palakkad to the Family Court, Muvattupuzha to be tried along with O.P No.921/2022 pending before the Family Court, Muvattupuzha. 3. The common case of the petitioner in the transfer petitions is that, she is the wife of the respondent. They have a minor child born in their wedlock. The marital relationship is strained. The petitioner has filed O.P. No.921/2022 (Annexure A2) before the Family Court, Muvattupuzha, against the respondent, seeking a decree of divorce. The respondent has filed O.P. No.1162/2022 and O.P.No.1127/2022before the Family Court, Palakkad, against the petitioner, seeking an order for the custody of ``` TR.P(C) Nos. 715 & 718 OF 2022 ``` the child and a decree for restitution of conjugal rights. The petitioner and the child are permanently residing in Kothamangalam within the jurisdiction of the Family Court, Muvattupuzha. It would be extremely difficult for the petitioner and the child to travel all the way from Kothamangalam to Palakkad to contest the above two cases. On the other hand, the respondent is contesting O.P.No.921/2022 before the Family Court, Muvattupuzha. Therefore, no inconvenience would be caused to him if the above two cases being transferred to the Family Court, Muvattupuzha. 4. The respondent has filed a counter affidavit in Tr.P.(C) No.718/2022, inter alia, denying the allegations in the transfer petitions. According to him, no inconvenience would be caused to the petitioner, if the transfer petitions are not allowed. Hence, the transfer petitions may be dismissed. ``` TR.P(C) Nos. 715 & 718 OF 2022 ``` ``` 5 ``` 5. Heard; Sri.Sachin Ramesh, the learned counsel appearing for the petitioner and Sri. V.A. Johnson Varikkapallil, the learned counsel appearing for the respondent. 6. Undisputedly, the petitioner has already filed O.P. No.921/2022 before the Family Court, Muvattupuzha against the respondent, seeking a decree of divorce. The respondent is contesting the proceeding before the said court. He has not sought for the transfer of the said case. Undisputedly, the couple have a young child, who is in the custody of the petitioner. O.P. No.1162/2022 is filed seeking an order for the custody of the child. Therefore, necessarily the child would have to be produced before the Family Court, Palakkad in order to facilitate interim custody/visitation right to the respondent. Thus, the child’s convenience will also have to be looked into. 7. The law with respect to transfer of proceedings, ``` TR.P(C) Nos. 715 & 718 OF 2022 ``` ``` 6 ``` 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], **Santhini V. Vijaya Venkatesh** [2017 (5) KHC 48] and **Aiswarya N.C.V. v. A.S. Saravana Karthik Sha** [2022 (5) KHC 185(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. 8. In the light of the law laid down in the aforecited decisions, the pleadings and materials on record and the totality of the facts and circumstances of the case, particularly the fact that O.P. No.921/2022 is already pending before the Family Court, Muvattupuzha and that ``` TR.P(C) Nos. 715 & 718 OF 2022 ``` ``` 7 ``` the petitioner and the minor child are residing within the jurisdiction of the Family Court, Muvattupuzha, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transfer of O.P.No.1162/2022 and 1127/2022 from the Family Court, Palakkad to the Family Court, Muvattupuzha, so that cases between the parties can be consolidated and jointly tried, which would save precious judicial time, avoid multiplicity of proceedings and conflict of decisions. In the result, I allow the transfer petitions as follows:- (i) Tr.P.(C)No.715/2022 is allowed by ordering the transfer of O.P.No.1162/2022 from the Family Court, Palakkad to the Family Court, Muvattupuzha. (ii) Tr.P.(C)No.178/2022 is allowed by ordering the transfer of O.P.No.1127/2022 from the Family Court, ``` TR.P(C) Nos. 715 & 718 OF 2022 ``` ``` 8 ``` Palakkad to the Family Court, Mauvattupuzha. (iii) The parties would be at liberty to move the Family Court, Muvattupuzha and seek for the consolidation and joint trial of all the cases between them (iv) The respondent would be at liberty to move the Family Court, Muvattupuzha and seek for the interim custody of the child. (v) The Registry shall forward a copy of this common order to the Family Court, Palakkad with instructions to forthwith transmit the records in O.P.Nos.1162 and 1127 of 2022 to the Family Court, Muvattupuzha. (vi) The Family Court, Muvattupuzha shall, immediately on the receipt of the records in the above two cases, post the cases along with O.P. No.921/2022. Sd/- rmm/23/02/2023 ## **C.S.DIAS, JUDGE** ## **`TR.P(C) Nos. 715 & 718 OF 2022`** ## **`9`** ## **`APPENDIX OF TR.P(C) 715/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1TRUE COPY OF THE OP NO. 1162/2022 OF THE FAMILY COURT, PALAKKAD ``` ``` Annexure A2TRUE COPY OF THE PETIITON IN OP NO. 921/2022 OF THE FAMILY COURT, MUVATTUPUZHA ``` ``` TR.P(C) Nos. 715 & 718 OF 2022 ``` ## **`10`** ## **`APPENDIX OF TR.P(C) 718/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1THE TRUE COPY OF O.P. NO.1127/2022 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, PALAKKAD ``` ``` Annexure A2THE TRUE COPY OF THE OP NO. 921/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, MUVATTUPUZHA ```