Lysa S v Shine A M

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C. S. Dias
Judgment Date: 2023-03-29
Court Decision / Holding: The transfers are allowed: (i) TR.P(C) 800/2022 is allowed by transferring OP(G/W) 1824/2022 from Attingal to Kollam; (ii) TR.P(C) 38/2023 is allowed by transferring OP 1909/2022 from Attingal to Kollam; (iii) parties may pursue consolidation in Kollam and jointly try all related cases; (iv) registry to transmit records to Kollam Family Court; (v) Kollam Family Court shall post the cases along with connected matters.
Final Disposition: Transfer petitions allowed; O.P.(G/W) No.1824/2022 and O.P. No.1909/2022 are transferred from Attingal to Kollam; parties may consolidate and jointly try all related cases; records to be transmitted to Kollam; Kollam Court to post connected matters.

Parties to the Case

Appellants / Petitioners

Lysa S

Respondents

Shine A M

Legal Representation & Advocates

Counsels for Petitioners

• M.R. Sasith
• Bhavana K.K

Case Synopsis & Summary

Common transfer petitions arise from a strained matrimonial relationship between Lysa S (wife-petitioner) and Shine A M (husband-respondent). The petitions—TR.P(C) Nos. 800 of 2022 and 38 of 2023—seek transfer of O.P.(G/W) 1824/2022 and O.P. 1909/2022 from the Family Court, Attingal, to the Family Court, Kollam. Three children of the marriage and the petitioner reside within Kollam, while the respondent has counter-proceedings in Kollam as well. The petitioner claims non-maintenance and seeks reliefs in family court proceedings; the respondent, who has not appeared in these proceedings, is described as contesting related matters in Kollam. The court notes that three cases are already pending between the parties in Kollam and that consolidation would save judicial time and avoid conflicting decisions. Relying on Supreme Court doctrine—Sumitha Sing v. Kumar Sanjay and another; Mona Aresh Goel v. Aresh Satya Goel; Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap; Santhini v. Vijaya Venkatesh; and Aiswarya N.C.V. v. A.S. Saravana Karthik Sha—the court holds that the convenience of the wife and children should govern transfer decisions. Under Section 24 of the CPC, the petitions are allowed, transferring both OPs to Kollam, with directions for consolidation, transmission of records, and immediate posting of connected cases by Kollam Court.

Provisions of Law Cited

Section 24 of the Code of Civil Procedure

Legal Doctrines & Maxims

Res integra
Convenience of the woman and children as the guiding principle in transfer of matrimonial disputes

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that transfer to Kollam will consolidate three ongoing proceedings between the parties, with three children and the petitioner residing in Kollam; consolidation would conserve judicial time and prevent conflicting decisions, and the welfare of the wife and children warrants transfer under the settled law.

Contentions of Respondents

The respondent did not appear; it is noted he is contesting related proceedings in Kollam and is said to face no inconvenience if the transfers are granted; however, his precise arguments are not elaborated in the order.

Cited Precedents (5)

Case Name	Citation	Treatment	Explanation
Sumitha Sing v. Kumar Sanjay and another	2002 KHC 1889	Positive	Cited to establish that transfer of matrimonial disputes is governed by convenience to the wife and children and is to be decided on discretionary grounds.
Mona Aresh Goel v. Aresh Satya Goel	2000 KHC 1835	Positive	Cited for the principle of transfer based on convenience and welfare considerations.
Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap	2016 KHC 6489	Positive	Supports the welfare-centric transfer approach for matrimonial matters.
Santhini v. Vijaya Venkatesh	2017 (5) KHC 48	Positive	Cited as part of the established line that welfare of parties guides transfer decisions.
Aiswarya N.C.V. v. A.S. Saravana Karthik Sha	2022 (5) KHC 185(SC)	Positive	SC decision referenced to reinforce convenience/welfare principle in transfer orders.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` WEDNESDAY, THE 29[TH] DAY OF MARCH 2023 / 8TH CHAITHRA, 1945 TR.P(C) NO. 38 OF 2023 ``` ``` OP 1909/2022 OF FAMILY COURT, ATTINGAL ``` ## **`PETITIONER/RESPONDENT:`** ``` LYSA S AGED 41 YEARS D/O SAINUDHEEN, PALAVILA PUTHEN VEEDU, NEDUMPANA VILLAGE, KOLLAM DISTRICT, PIN - 691576 BY ADVS. M.R.SASITH BHAVANA K.K ``` ## **`RESPONDENT/PETITIONER:`** ``` SHINE A M AGED 49 YEARS S/O ABDUL MAJEED, SHINE NIVAS, MADAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 695604 ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2023, ALONG WITH Tr.P(C).800/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Tr.P (C) Nos. 800 of 2022 & 38 of 2023 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` WEDNESDAY, THE 29[TH] DAY OF MARCH 2023 / 8TH CHAITHRA, 1945 TR.P(C) NO. 800 OF 2022 ``` ``` OP(G&W) 1824/2022 OF FAMILY COURT, ATTINGAL ``` ## **`PETITIONER/RESPONDENT:`** ``` LIESA .S AGED 41 YEARS D/O SAINUDHEEN, PALAVILA PUTHEN VEEDU, NEDUMPANA VILLAGE, KOLLAM DISTRICT, PIN - 691576 BY ADV M.R.SASITH ``` ## **`RESPONDENT/PETITIONER:`** ``` SHINE A M AGED 49 YEARS S/O ABDUL MAJEED, SHINE NIVAS, MADAVOOR VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 695604 ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2023, ALONG WITH Tr.P(C).38/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 Tr.P (C) Nos. 800 of 2022 & 38 of 2023 ## **COMMON ORDER** As the transfer petitions are between the same parties, they are being disposed of by this common order. 2. The petitioner-wife has filed the transfer petitions to transfer O.P.(G/W)No.1824/2022 & O.P. No.1909/2022 from the Family Court, Attingal to the Family Court, Kollam. 3. The petitioner’s case, is that, she is the wife of the respondent. They have three children born in their wedlock. The martial relationship is strained. The respondent has refused to maintain the petitioner and the children. The petitioner has filed M.C No.316/2022, O.P No.547/2022 and O.P No.562/2022 before the Family Court, Kollam, against the respondent, seeking various reliefs. As a counterblast to the above proceedings, the respondent has filed O.P.(G/W)No.1824/2022 and O.P. No.1909/2022, before the Family Court, Attingal, against 4 Tr.P (C) Nos. 800 of 2022 & 38 of 2023 the petitioner. As the respondent is contesting M.C No.316/2022, O.P No.547/2022 and O.P. No.562/2022, before the Family Court, Kollam, no inconvenience would be caused to him, if the transfer petitions are being allowed. Hence, the transfer petitions. 4.Heard; Sasith M.R., the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him. 5. 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], **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 5 Tr.P (C) Nos. 800 of 2022 & 38 of 2023 woman and children that has to be looked into, while ordering the transfer of a case from one Court to another. 6. 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 three cases are already pending between the parties, before the Family Court, Kollam and the petitioner and three children are residing within the jurisdiction of the Family Court, Kollam, 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. (G/W) No.1824/2022 and O.P. No.1909/2022, so that all the cases between the parties can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions. In the result, I allow the transfer petitions as follows:- 6 Tr.P (C) Nos. 800 of 2022 & 38 of 2023 (i) Tr.P.(C)No.800/2022 is allowed by ordering the transfer of O.P (G/W) No.1824/2022 from the Family Court, Attingal to the Family Court, Kollam. (ii) Tr.P.(C)No.38/2023 is allowed by ordering the transfer of O.P.No.1909/2022 from the Family Court, Attingal to the Family Court, Kollam. (iii) The parties would be at liberty to move the Family Court, Kollam and seek for the consolidation and joint trial of all the cases between them (iv) The Registry shall forward a copy of this common order to the Family Court, Attingal with instructions to forthwith transmit the records in O.P.(G/W)Nos.1824/2022 & O.P. No.1909/2022 to the Family Court, Kollam (v) ) The Family Court, Kollam shall, immediately on the receipt of the records in the above two cases, post the cases along with connected cases. ## **Sd /-** rmm/29/3/2023 **C.S.DIAS, JUDGE** 7 Tr.P (C) Nos. 800 of 2022 & 38 of 2023 ## **`APPENDIX OF TR.P(C) 800/2022`** ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF I A NO 1/2022 IN OP (G/W).NO 1824/ THE HON'BLE FAMILY COURT AT ATTINGAL FILED BY THE RESPONDENT ``` 8 Tr.P (C) Nos. 800 of 2022 & 38 of 2023 ## **`APPENDIX OF TR.P(C) 38/2023`** ## `PETITIONER ANNEXURES` ``` Annexure A1TRUE COPY OF ORDER IN IA NO 1/2022 IN TRP(C) NO 800/2022 OF HON'BLE HIGH COURT Annexure A2TRUE COPY OF NOTICE ISSUED BY THE FAMILY COURT ATTINGAL IN O.P NO 1909/2022 TO PETITIONER Annexure A3TRUE COPY OF ORDER IN IA NO 1/2022 IN OP NO 1909/2022 OF FAMILY COURT ATTINGAL ```