Shailaja Ramachandran v Vijayalekshmi and others

TR.P(C) NO. 542 OF 2021 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **WEDNESDAY, THE 8[TH] DAY OF JUNE 2022 / 18TH JYAISHTA, 1944 TR.P(C) NO. 542 OF 2021** **OS 8/2019 OF MUSNIFF COURT,ADOOR** ## **PETITIONER/S:** SHAILAJA RAMACHANDRAN AGED 49 YEARS D/O. RAMACHANDRAN NAIR, KAMALALAYAM, ARUVAPPULAM P. O., KONNI VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. M.KABANI DINESH C.ANCHALA ## **RESPONDENT/S:** 1 VIJAYALEKSHMI AGED 67 YEARS W/O. RAMACHANDRAN NAIR, SOUPARNIKA, KALANJOOR P. O., KALANJOOR MURY, KALANJOOR VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689694. 2 BINDU RAMACHANDRAN AGED 44 YEARS D/O. RAMACHANDRAN NAIR, SOUPARNIKA, KALANJOOR P. O., KALANJOOR MURY, KALANJOOR VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689694. 3 SINDHU RAMACHANDRAN AGED 43 YEARS D/O. RAMACHANDRAN NAIR, SOUPARNIKA, KALANJOOR P. O., KALANJOOR MURY, KALANJOOR VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689694. 4 ABHILASH R. NAIR AGED 38 YEARS S/O. RAMACHANDRAN NAIR, SOUPARNIKA, KALANJOOR P. TR.P(C) NO. 542 OF 2021 **==> picture [7 x 9] intentionally omitted <==** O., KALANJOOR MURY, KALANJOOR VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689694. BY ADV SUNIL JACOB JOSE THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 542 OF 2021 3 ## **ORDER** The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.S.No.8/2019 (Annexure A1) from the Court of the Munsiff, Adoor to the Family Court, Pathanamthitta. 2. The petitioner's case, in brief, in the memorandum of transfer petition is that; she is the plaintiff in Annexure A1 filed for declaration of title, possession and for injunction against the respondents. The 1[st] respondent is her mother and the respondents 2 to 4 are her siblings. The petitioner's father late Sri.Ramachandran Nair – husband of the 1[st] respondent and also father of the respondents 2 to 4 – had executed a will bequeathing all his properties to his children. However, disputes arose between the mother and their children in connection with the will. The 1[st] respondent has filed O.P. Nos.861/2014, 1025/2014, 1046/2014, 1016 of 2014 and 1060/2014 before the Family Court, TR.P(C) NO. 542 OF 2021 4 Pathanamthitta, seeking the same reliefs as in Annexure A1. Since all the cases are pertaining to the properties of Ramachandran Nair, who is the husband of the 1[st] respondent, it would be just and convenient that all the cases be consolidated and jointly tried with the same court, which would avoid multiplicity of proceedings and conflict of decisions. Hence, the transfer petition. 3. Heard; Smt. Kabani Dinesh M., the learned counsel appearing for the petitioner and Sri. Sunil Jacob Jose, the learned counsel appearing for the respondents. 4. The learned counsel appearing for the petitioner drew my attention to the decision of a Division Bench of this Court in **Janakiamma and others vs. Renuka Sadanandan and others** [2016 (1) KHC 266], which is a decision relying on another decision of this Court in **Leby Issac vs. Leena M. Ninan** [2005 KHC 960] wherein it is held that Section 7(1)(d) of the Family Courts Act, 1984 takes within its fold the cases falling TR.P(C) NO. 542 OF 2021 5 within circumstances arising out of a marital relationship. The learned counsel argued that as the 'lis' involved in all the above cases is a matter falling within the circumstances arising out of the marital relationship between late Ramachandran Nair, the 1[st] respondent and their children, the Family Court, Pathanamthitta has jurisdiction to entertain Annexure A1 also. The above submission is not opposed by the learned counsel appearing for the respondents. 5. In **Sainudeen vs. Shareefa K.M. and others** [2018 (5) KHC 122] another Division bench of this Court has categorically held that even if a suit filed by a third party against a husband/wife with regard to a property, which is a subject matter of a litigation before the Family Court, if the Court finds there are issues in common and the dispute is out of circumstances arising from the marriage, there is no legal impediment to transfer the case from the civil Court to the Family TR.P(C) NO. 542 OF 2021 6 Court. 6. In the light of the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that there are five cases pending before the Family Court, Pathanamthitta pertain to the assets of late Ramachandran Nair, and the law laid down in the aforecited decisions, I am of the definite opinion that Annexure A1 is to be transferred to the Family Court, Pathanamthitta, so that it can be consolidated and jointly tried with other cases already pending before the Family Court, which would save precious judicial time and avoid conflict of decisions. In the result, I allow the transfer petition by ordering transfer of O.S.No.8/2019 from the Court of the Munsiff, Adoor to the Family Court, Pathanamthitta. The parties would be at liberty to move the Family Court, Pathanamthitta and seek for consolidation and TR.P(C) NO. 542 OF 2021 **==> picture [7 x 9] intentionally omitted <==** joint trial of all the cases between them. The Registry shall forward a copy of this judgment to the Court of the Munsiff, Adoor with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Pathanamthitta. The Family Court, Pathanamthitta shall, immediately on receipt of the records in Annexure A1, call the case along with O.P.No.861/2014. Sd/- **C.S.DIAS, JUDGE** rkc/08.06.22 8 TR.P(C) NO. 542 OF 2021 ## **APPENDIX OF TR.P(C) 542/2021** PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE OS NO.8 OF 2014 ON THE FILES OF MUNSIFFS COURT, ADOOR.