High Court of KeralaSingle Judge2022-09-19Transfer petitions allowed; two matrimonial pro...

Reshma R, Rajan S., Ushakumari v. Sanal P S (TR.P(C) Nos. 728/2021 & 730/2021)

Case / Petition Number:TR.P(C) Nos. 728/2021 & 730/2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C.S.Dias
Judgment Date: 2022-09-19
Court Decision / Holding: The petitions are allowed. OP 741/2020 and OP 740/2020 are transferred from the Family Court, Chavara to the Family Court, Kottarakara. The parties are at liberty to seek consolidation and joint trial in Kottarakara. The Registry is directed to transmit the records of these cases to Kottarakara, and the Family Court, Kottarakara shall post these cases along with OP 417/2020 for consolidated adjudication.
Final Disposition: Transfer petitions allowed; two matrimonial proceedings (OP 740/2020 and OP 741/2020) transferred from Chavara to Kottarakara; consolidation and joint trial permitted; records to be transmitted; Kottarakara to hear with OP 417/2020.

Parties to the Case

Appellants / Petitioners

RESHMA R
RAJAN S.
USHAKUMARI

Respondents

Sanal P S

Legal Representation & Advocates

Counsels for Petitioners

• K.V.Anil Kumar
• Swapna Vijayan

Case Synopsis & Summary

This is a common order by the Kerala High Court in twoTransfer Petitions (Civil) filed under S.24 CPC by Reshma R (wife) and her parents Rajan S. and Ushakumari seeking transfer of matrimonial proceedings from the Family Court, Chavara, to the Family Court, Kottarakara. The respondent is Sanal P S. The petitions arise out of a strained marriage; the wife has already filed OP 417/2020 for divorce in Kottarakara, while the husband has pending OPs 740/2020 (restitution of conjugal rights) and 741/2020 (money/ancillary relief) in Chavara. The petitions were heard with no appearance by the respondent. The court invoked established Supreme Court jurisprudence on transfer in matrimonial disputes, citing Sumitha Singh v. Kumar Sanjay; Mona Aresh Goel v. Aresh Satya Goel; Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap; Santhini V. Vijaya Venkatesh; and N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, which emphasize the convenience of the wife and children and the avoidance of conflicting judgments. Observing that the wife already has proceedings in Kottarakara, the court exercised its discretion under Sec. 24 CPC to transfer OPs 740/2020 and 741/2020 from Chavara to Kottarakara for consolidation and efficient adjudication. The registry is to transmit records to Kottarakara, which should hear all related matters together, including OP 417/2020.

Provisions of Law Cited

Section 24 of the Code of Civil Procedure

Legal Doctrines & Maxims

Convenience of the woman and children in transfer of matrimonial disputes
Consolidation and joint trial to save judicial time and avoid conflicting decisions
Power of the court under Section 24 CPC to transfer proceedings between courts

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that transferring OPs 740/2020 and 741/2020 to the Family Court, Kottarakara would consolidate all related litigation, align with settled law that prioritizes the convenience of the wife and children, and prevent conflicting decisions. Since Reshma R has already initiated OP 417/2020 in Kottarakara, consolidation would streamline evidence, trial scheduling, and outcomes. They urged the court to exercise its discretionary power under Section 24 CPC to effect the transfer and direct the records’ transmission to Kottarakara.

Contentions of Respondents

No substantive arguments from the respondent were recorded; the respondent did not appear for the proceedings, and no counter-submissions were placed before the court in the record.

Cited Precedents (5)

Case Name	Citation	Treatment	Explanation
Sumitha Sing v. Kumar Sanjay and another	2002 KHC 1889	Positive	Cited to support the proposition that transfer decisions should consider the convenience of the wife and children, aligning with the Supreme Court’s approach to matrimonial transfers.
Mona Aresh Goel v. Aresh Satya Goel	2000 KHC 1835	Positive	Cited as part of the jurisprudence on transfer, reinforcing the convenience and welfare-based approach.
Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap	2016 KHC 6489	Positive	Cited for the welfare-centered considerations in transfer of matrimonial disputes.
Santhini V. Vijaya Venkatesh	2017 (5) KHC 48	Positive	Cited to endorse the discretionary transfer in the context of matrimonial issues.
N.C.V. Aishwarya v. A.S. Saravana Karthik Sha	2022 (5) KHC 185	Positive	Cited as authority supporting the convenience-prescribed transfer approach and consolidation.

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Extracted Judgment Text

Exact text extracted from official judgment records.

TR.P(C) NOS. 728 & 730 OF 2021 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **MONDAY, THE 19[TH] DAY OF SEPTEMBER 2022 / 28TH BHADRA, 1944 TR.P(C) NO. 728 OF 2021** **AGAINST THE ORDER/JUDGMENT IN OP 741/2020 OF FAMILY COURT, CHAVARA** ## **PETITIONER/S:** 1 RESHMA R, AGED 28 YEARS D/O. USHAKUMARI, THUNDIL VEEDU, PADINJATTINKARA MURI, KOTTARAKARA VILLAGE, KOLLAM DISTRICT. 2 RAJAN S., AGED 62 YEARS THUNDIL VEEDU, PADINJATTINKARA MURI, KOTTARAKARA VILLAGE, KOLLAM DISTRICT. 3 USHAKUMARI, AGED 55 YEARS W/O. RAJAN, THUNDIL VEEDU, PADINJATTINKARA MURI, KOTTARAKARA VILLAGE, KOLLAM DISTRICT. BY ADVS. K.V.ANIL KUMAR SWAPNA VIJAYAN ## **RESPONDENT/S:** SANAL P S, AGED 33 YEARS S/O. SADNANDAN, POOLAIL VEEDU, ARINNALLOOR SOUTH P.O., THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN-690538. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.09.2022, ALONG WITH Tr.P(C).730/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NOS. 728 & 730 OF 2021 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **MONDAY, THE 19[TH] DAY OF SEPTEMBER 2022 / 28TH BHADRA, 1944 TR.P(C) NO. 730 OF 2021** **AGAINST THE ORDER/JUDGMENT IN OP 740/2020 OF FAMILY COURT,** ## **CHAVARA** ## **PETITIONER/S:** RESHMA R AGED 28 YEARS D/O. USHAKUMARI, THUNDIL VEEDU, PADINJATTINKARA MURI, KOTTARAKKARA VILLAGE, KOLLAM DISTRICT. BY ADVS. K.V.ANIL KUMAR SWAPNA VIJAYAN ## **RESPONDENT/S:** SANAL P S AGED 33 YEARS S/O. SADANANDAN, POOLAIL VEEDU, ARINNALLOOR SOUTH P.O, THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690538. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.09.2022, ALONG WITH Tr.P(C).728/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NOS. 728 & 730 OF 2021 3 ## **COMMON ORDER** As these transfer petitions arise out of the marital dispute between Reshma R. (wife) and Sanal P.S. (husband), they have been disposed of by this common order. 2. Tr.P(C) No.728/2021 is filed by the wife and her parents to transfer O.P.No.741/2020 from the Family Court, Chavara to the Family Court Kottarakara and Tr.P(C) No.730/2021 is filed by the wife against the husband to transfer O.P.No.740/2020 from the Family Court, Chavara to the Family Court Kottarakara. The parties are, for the sake of convenience, referred to as per the status in Tr.P(C) No.728/2021. 3. The common case of the petitioners in the two transfer petitions is: the 1[st] petitioner is the wife of the respondent. The petitioners 2 and 3 are the parents of the 1[st] petitioner. The marital relationship between the 1[st] petitioner and the respondent is strained. The 1[st] petitioner has filed O.P.No.417/2020 against the TR.P(C) NOS. 728 & 730 OF 2021 4 respondent before the Family Court, Kottaraka, seeking a decree of divorce. The respondent has now filed O.P.No.741/2020 against the petitioners, seeking a decree for realisation of money and other ancillary reliefs and O.P.No.740/2020 before the same court against the 1[st] petitioner, seeking a decree for restitution of conjugal rights. The respondent is contesting O.P. No.417/2020 before the Family Court, Kottarakara. Therefore, no inconvenience would be caused to him in OP Nos.740/2020 and 741/2020 being transferred from the Family Court, Chavara to the Family Court, Kottarakara. Hence, the transfer petitions. 4. Heard; Sri. K.V.Anilkumar, the learned counsel appearing for the petitioners in both the transfer petitions. Eventhough notice has been served, there is no appearance for the respondent. 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 TR.P(C) NOS. 728 & 730 OF 2021 5 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 **N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha** [2022 (5) KHC 185]. 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. 6. In the light of the law laid down in the afore-cited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the cases, particularly the fact that the 1[st] petitioner has already filed O.P.No.417/2020 against the respondent before the Family Court, Kottarakara and the respondent is contesting the proceeding there, I am inclined to exercise the discretionary powers of this Court under TR.P(C) NOS. 728 & 730 OF 2021 6 Section 24 of the Code of Civil Procedure and order the transfer of O.P.Nos.740/2020 and 741/2020 from the Family Court, Chavara to the Family Court, Kottarakara, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflicting of decisions. 7. In the result, I allow the transfer petitions as follows:- - (i) Tr.P(C) No.728/2021 is allowed by ordering transfer of O.P.No.741/2020 from the Family Court, Chavara to the Family Court, Kottarakara. - (ii) Tr.P(C) No.730/2021 is allowed by ordering transfer of O.P.No.740/2020 from the Family Court, Chavara to the Family Court, Kottarakara. - (ii) The parties would be at liberty to move the Family Court, Kottarakara and seek for 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, Chavara with instructions TR.P(C) NOS. 728 & 730 OF 2021 **==> picture [7 x 9] intentionally omitted <==** to forthwith transmit the records in O.P.Nos.741/2020 and 740/2021 to the Family Court, Kottarakara. - (iv) The Family Court, Kottarakara shall, immediately on receipt of the records in the above cases, post the cases along with O.P.No.417/2020. Sd/- ## **C.S.DIAS, JUDGE** rkc/19.09.22 8 TR.P(C) NOS. 728 & 730 OF 2021 ## **APPENDIX OF TR.P(C) 728/2021** PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE O.P.NO.741/2020 PENDING BEFORE THE FAMILY COURT, CHAVARA. 9 TR.P(C) NOS. 728 & 730 OF 2021 ## **APPENDIX OF TR.P(C) 730/2021** PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE OP.NO. 740/2020 ON THE FILE OF THE FAMILY COURT, CHAVARA.