Renjith B.R v. Sathya Dhara Vasudhasree - TR.P(C) Nos. 103/2023 & 556/2022, High Court of Kerala

``` TR.P(C)s. 103/23 & 556/22 ``` 1 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 28[TH] DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 ``` ``` TR.P(C) NO. 103 OF 2023 OPHMA 748/2022 OF FAMILY COURT, ALAPPUZHA ``` ``` PETITIONER/RESPONDENT: ``` ``` RENJITH.B.R AGED 42 YEARS S/O BRAHMAVRIDHAN, RANJITH BHAVANAM, PANMANA KOLLAM, PIN - 691583 BY ADV ARUN BABU ``` ## **`RESPONDENT/PETITIONER:`** ``` SATHYA DHARA VASUDHASREE AGED 35 YEARS D/O RADHAKRISHNAN,KALATHIL VADAKKETHIL HOUSE, POONTHOPPU WARD, AVALOOKKUNNU P.O, ALAPUZHA, PIN - 688006 ``` ``` BY ADV J.G.SYAMNATH ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2023, ALONG WITH Tr.P(C).556/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` TR.P(C)s. 103/23 & 556/22 ``` 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 28[TH] DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 ``` ``` TR.P(C) NO. 556 OF 2022 ``` ## **`OP 184/2022 OF FAMILY COURT, CHAVARA PETITIONER/RESPONDENT:`** ``` SATHYA DHARA VASUDHASREE.K., AGED 35 YEARS D/O. V. RADHAKRISHNAN, KALATHIL VADAKKETHIL HOUSE,' POONTHOPPU WARD, AVALOOKKUNNU P.O., ALAPPUZHA 688 006. BY ADVS. J.G.SYAMNATH R.RATHEESH ``` ## **`RESPONDENT/PETITIONER:`** ``` RENJITH B.R. AGED 42 YEARS S/O. K.M. BRAHMAVRIDHAN, RENJITH BHAVANAM, MULLAKKERY, CHAVARA, PANMANA P.O., KOLLAM 691 583. BY ADV ARUN BABU ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2023, ALONG WITH Tr.P(C).103/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` TR.P(C)s. 103/23 & 556/22 ``` 3 ## **COMMON ORDER** As the transfer petitions are between same parties, they are being disposed of by this common order. Renjith B.R. (husband) has filed Tr.P(C) No.103/2023 against Sathyadhara Vasudhasree (wife) to transfer O.P.No.748/2022 from the Family Court, Alappuzha to the Family Court, Chavara. The wife has filed Tr.P(C) No.556/2022 against the husband, to transfer O.P.No.184/2022 from the Family Court, Chavara, to the Family Court, Alappuzha. For the sake of convenience, the parties and the pleadings are referred to as per the status in Tr.P(C) No.103 of 2023, which is treated as the leading case. 2. The husband’s case is that he is married to the wife on 05.02.2020. They are issueless. The husband is suffering from benchmark disability as evidenced by Annexure-A1. The marital relationship is strained. The wife has filed O.P.(HMA) No.748/2022 (Annexure-A2) and M.C. No.59/2022 (Annexure-A3) before the Family **`TR.P(C)s. 103/23 & 556/22`** 4 Court, Alappuzha, against the husband, for a decree of divorce and an order of maintenance, respectively. The husband has filed O.P.No.184/2022 (Annexure-A4) before the Family Court, Chavara, against the wife, for a decree for return of gold ornaments and other consequential reliefs. Due to the disability of the husband, he is unable to travel from Alappuzha to Chavara to contest Annexures-A2 and A3. Therefore, Annexure-A2 may be transferred. 3. The wife has filed Tr.P(C) No.556/2022 for the transfer of Annexure-A4 on the ground that she is a lady and is permanently residing in Alappuzha. The husband is employed in the Co-operative Department, Kollam, and is leading a life of extravagance. It is difficult for the wife to travel from Alappuzha to Chavara, which is 75 Kms on one side. Therefore, Annexure-A4 may be transferred. 4. Heard; Sri. Arun Babu, the learned counsel appearing for the husband and Sri.J.G.Syamnath, the learned counsel appearing for the wife. **`TR.P(C)s. 103/23 & 556/22`** 5 5. The question is, which transfer petition is to be allowed. 6. The husband’s case is that, as he is suffering from benchmark disability, he is not in a position to travel to Alappuzha. Hence, Annexure-A2 may be transferred. The wife’s case is that the husband is employed, he is appearing before the Family Court, Chavara and it is difficult for her to travel from Alappuzha to Chavara. 7. On an appreciation of the pleadings and materials on record, it is seen that the husband has benchmark disability even prior to their marriage. Indisputably, the husband is employed in the Cooperative Department at Kollam. It is at his instance that Annexure-A4 has been filed before the Family Court, Chavara. 8. It is well settled in a catena of decisions 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**_ **`TR.P(C)s. 103/23 & 556/22`** 6 _**Shridhar Jagtap V. Shridhar Vishwanath Jagtap**_ [AIR 2016 SC 3584], _**Santhini V. Vijaya Venkatesh**_ [2017 (4) KLT 415 (SC)], _**N.C.V. Aiswarya v. A.S. Sharavana Karthik Sha**_ [2022(5) KHC 185] and _**Valsal Nisha v. Rajesh Soman Nair**_ [2020(8) KLR 475], that the convenience of the woman and children has to be given preference and weightage, while ordering the transfer of a case from one Court to another. 9. On an overall appreciation of the pleadings and materials on record and law on the point, I am of the view that the hardship of the husband can be redressed by permitting him to apply for the dispensation of his personal appearance and also to avail the video conferencing facility and if required, to permit him to appear through an agent. Hence, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure in favour of the wife and order the transfer of AnnexureA4 to the Family Court, Alappuzha, so that all the cases between the parties can be consolidated and jointly ``` TR.P(C)s. 103/23 & 556/22 ``` 7 tried, which would save the precious judicial time, avoid conflict of decisions and multiplicity of proceedings. Resultantly, I dispose of the transfer petitions as follows: - (i) Tr.P.(C) No.103/2023 is dismissed. - (ii) Tr.P.(C) No.556/2022 is allowed by ordering the transfer of O.P.No.184/2022 from the Family Court, Chavara, to the Family Court, Alappuzha. - (iii) The husband would be at liberty to move the Family Court, Alappuzha, and seek for the dispensation of his personal appearance and to avail the video conferencing facility and, if required, and to appoint an agent to represent the case on his behalf. - (iv) The Family Court, Alappuzha, shall, if such an application is received, compassionately consider the application and shall insist for the personal appearance of the husband only if necessary. - (v) The parties will be at liberty to move the Family Court, Alappuzha, and seek for the consolidation and joint trial of all the cases between them. - (vi) The Registry shall forward a copy of this order to the Family Court, Chavara with instructions to forthwith transmit the records in Annexure-A4 to the Family Court, Alappuzha. - (vii) The Family Court, Alappuzha shall, immediately ``` TR.P(C)s. 103/23 & 556/22 ``` 8 on receipt of the records in Annexure-A4, post the case along with Annexure-A2. **Sd/-** ## **C.S.DIAS, JUDGE** okb/28.3.23 //True copy// P.S. to Judge **`TR.P(C)s. 103/23 & 556/22`** 9 ## **`APPENDIX OF TR.P(C) 556/2022`** ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE OP (HMA), 748/2022 BEFORE THE FAMILYC COURT, ALAPPUZHA. Annexure A2TRUE COPY OF THE MC 59/2022 BEFORE THE FAMILY COURT, ALAPPUZHA. Annexure A3TRUE COPY OF THE OP 184/2022 BEFORE THE FAMILY COURT, CHAVARA. RESPONDENT ANNEXURES Annexure R1Disability certificate of wife dated 20/07/2014 ``` **`TR.P(C)s. 103/23 & 556/22`** 10 ## **`APPENDIX OF TR.P(C) 103/2023`** ``` PETITIONER ANNEXURES AnnexureA1THE TRUE COPY OF THE DISABILITY CERTIFICATE DATED 20/07/2014 ISSUED FROM THE AA RAHIM MEMORIAL DISTRICT HOSPITAL AnnexureA2THE TRUE COPY OF THE PETITION IN OP (HMA ) 748/2022 DATED 06/07/2022 PENDING BEFORE THE FAMILY COURT ALAPUZHA AnnexureA3THE TRUE COPY OF THE PETITION IN MC 59/2022 DATED 22/07/2022 PENDING BEFORE THE FAMILY COURT ALAPUZHA AnnexureA4THE TRUE COPY OF THE PETITION DATED 08.06.2022 IN OP(OTHERS) 184/2022 , PENDING BEFORE FAMILY COURT CHAVARA AnnexureA5THE TRUE COPY OF THE JUDGMENT DATED 13.03.2020 IN TRANSFER APPEAL(CIVIL) 1/2020 OF THIS COURT ```