Manjumol Varghese v. Binu Andrews (Transfer Petitions, TR.P(C) Nos. 42/2023 & 654/2022)

``` TR.P(C) Nos. 42/2023 & 654/2022 ``` ``` 1 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 24[TH] DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944 ``` ``` TR.P(C) NO. 42 OF 2023 ``` ``` AGAINST OP 142/2021 & O.P. 292/2022 OF FAMILY COURT,MOOVATTUPUZHA ``` ## **`PETITIONER/RESPONDENT:`** ``` MANJUMOL VARGHESE AGED 28 YEARS D/O. MARKOSE VARGHESE, NADUVILEPARAMBIL VEEDU, CHELAKOMBU P.O, NEDUMKUNNAM VILLAGE, CHANGANASSERY TALUK, KOTTAYAM DISTRICT,, PIN - 686540 BY ADV M.M.LAIJU NISSA ``` ## **`RESPONDENT/PETITIONER:`** ``` BINU ANDREWS AGED 36 YEARS S/O. ANDREWS, PAREKUNNEL HOUSE, PIRAVOM P.O, PIRAVOM BHAGAM, PIRAVOM KARA, ERNAKULAM DISTRICT, PIN 686664, PIN - 686664 ``` ``` BY ADV BIJU ABRAHAM ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2023, ALONG WITH Tr.P(C)654/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` TR.P(C) Nos. 42/2023 & 654/2022 ``` ``` 2 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` FRIDAY, THE 24[TH] DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944 TR.P(C) NO. 654 OF 2022 ``` ``` AGAINST OP NO.1374/2022 OF FAMILY COURT, KOTTAYAM ``` ## **`PETITIONER/RESPONDENT:`** ``` BINU ANDREWS AGED 36 YEARS, S/O. ANDREWS, PAREKUNNEL HOUSE, PIRAVOM P.O., PIRAVOM BHAGAM, PIRAVOM KARA,, PIN - 686664 BY ADV BIJU ABRAHAM ``` ## **`RESPONDENT/PETITIONER:`** ``` MANJUMOL VARGHESE AGED 28 YEARS D/O. MARKOSE VARGHESE NADUVILEPARAMBIL VEEDU, CHELAKOMBU P.O., NEDUMKUNNAM VILLAGE, CHANGANASSERRY TALUK, KOTTAYAM, PIN - 686540 ``` ``` BY ADV M.M.LAIJU NISSA ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2023, ALONG WITH Tr.P(C).42/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` TR.P(C) Nos. 42/2023 & 654/2022 ``` ``` 3 ``` ## **COMMON ORDER** As these transfer petitions are between the same parties, they have been disposed of by this common order. 2. Tr.P.(C)No.42/2023 is filed by the wife against the husband to transfer O.P Nos.142/2021 and 292/2022 (Annexures-A & B) from the Family Court, Muvattupuzha to the Family Court, Ettumanoor. Tr.P.(C) No. 654/2022 is filed by the husband against the wife to transfer O.P.No.1374/2022 from the Family Court, Ettumanur to the Family Court, Muvattupuzha. For the sake of convenience, the parties are referred to, as per the status in Tr.P.(C) No. 42/2023 which is treated as the leading case. 3. The case of the petitioner, in brief, in Tr.P (C) No.42 of 2023 is that, she is the wife of the respondent. The marital relationship is strained. She has filed O.P.No. ``` TR.P(C) Nos. 42/2023 & 654/2022 ``` **==> picture [8 x 9] intentionally omitted <==** 1374/2022 before the Family Court, Ettumanoor against the respondent seeking a decree for recovery of money and for other ancillary reliefs. She has also filed M.C. No.74/2021 before the Judicial First Class Magistrate Court, Changanassery, against the respondent invoking the provisions of the Protection of Women from Domestic Violence Act. The respondent is contesting the above two proceedings before the two courts in Kottayam. As a counter-blast to the above proceedings, the respondent has filed O.P.Nos.142/2021 and 292/2022 before the Family Court,Muvattupuzha. It would cause severe inconvenience to the wife to travel all the way from Changassery to Muvttupuzha, to contest the above two proceedings. Hence, the cases may be transferred to the Family Court, Ettumanoor, so that the two cases can be jointly tried with O.P. No.1374/2022. ``` TR.P(C) Nos. 42/2023 & 654/2022 ``` ``` 5 ``` 4. The respondent-husband has filed Tr.P. (C)No.654/2022, inter alia, contending that since he has already filed two cases before the Family Court, Muvattupuzha, it would be convenient that O.P.No.1374/2022 is transferred from the Family Court, Ettumanoor to the Family Court, Muvattupuzha. 5. Heard; Sri.M.M.Laiju Nissa, the learned counsel appearing for the petitioner-wife and Sri.Biju Abrham, the learned counsel appearing for the respondent- husband. 6. The law with respect to transfer of proceedings, particularly 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** [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 ``` TR.P(C) Nos. 42/2023 & 654/2022 ``` ``` 6 ``` **N.C.V Aishwarya vs. A.S Saravana Karthik Sha** [2022 (5) KHC 182]. 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. 7. In the light of the law laid down in the afore-cited decisions, the pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that the petitioner is a young lady and she has already instituted O.P.No.1374/2022 and MC 74/2021 before the two courts in Kottayam District and the respondent is contesting both the proceedings before the said courts, 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. Nos.142/2021 and 292/2022 from the Family Court, Muvattupuzha to the Family Court, Ettumannoor, so that all the cases between the parties can be consolidated and jointly tried, which ``` TR.P(C) Nos. 42/2023 & 654/2022 ``` ``` 7 ``` would save precious judicial time and avoid conflict of decisions. Resultantly, I dispose of the transfer petitions in the following manner:: (i) Tr.P.(C) No.654/2022 is dismissed. (ii) Tr.P. (C ) No.42/2023 is allowed by ordering the withdrawal and transfer of O.P. Nos.142/2021 and 292/2022 from the Family Court, Muvattupuzha to the Family Court, Ettumanoor. (ii) The parties would be at liberty to move the Family Court, Ettumanoor and seek for the consolidation and joint trial of all the cases between them. (iii) The Registry shall forward a copy of this common order to the Family Court, Muvattupuzha, with instructions to forthwith transmit the records in O.P. Nos.142/2021 and 292/2022 to the Family Court, Ettumanoor. ``` TR.P(C) Nos. 42/2023 & 654/2022 ``` ``` 8 ``` (iv) The Family Court, Ettumanoor, shall, immediately on receipt of the records in O.P. Nos.142/2021 and 292/2022, post the cases along O.P. No.1374/2022. ma/24.2.2023 Sd/- **C.S.DIAS, JUDGE** ``` TR.P(C) Nos. 42/2023 & 654/2022 ``` ``` 9 ``` ## **`APPENDIX OF TR.P(C) 654/2022`** ``` PETITIONER ANNEXURES Annexure1 ``` ``` A TRUE COPY OF THE O.P. NO. 1374/2022 ON THE FILES OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR ``` ``` TR.P(C) Nos. 42/2023 & 654/2022 ``` ``` 10 ``` ## **`APPENDIX OF TR.P(C) 42/2023`** ``` PETITIONER ANNEXURES Annexure ACOPY OF THE O. P. 142 OF 21 AT FAMILY COURT, MUVATTUPUZHA Annexure BCOPY OF THE O. P. 292 OF 22 AT FAMILY COURT, MUVATTUPUZHA Annexure CCOPY OF THE INTERIM ORDER DATED 05-01-2023 IN THE TR. P. (C). 654 OF 2022 ```