High Court of KeralaSingle Judge2022-12-19The court disposed of the petitions by allowing...

Siji v. Sudheesh

Case / Petition Number:Tr.P(C) Nos. 425 & 439 of 2022; Tr.P.(Crl) No.46 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C.S. Dias
Judgment Date: 2022-12-19
Court Decision / Holding: Transfer petitions allowed; O.P.182/2022, O.P.(H.M.A.) 219/2022 and M.C.138/2022 are transferred from Family Court, Chavara to Family Court, Mavelikara; consolidation of all cases permitted; registry to transmit records; notices to be issued.
Final Disposition: The court disposed of the petitions by allowing the transfers and directing consolidation; records to be transmitted to the receiving court; notices to be issued; the parties may move for consolidation and joint trial once before the receiving court.

Parties to the Case

Appellants / Petitioners

Siji
Devatheertha (Minor)

Respondents

Sudheesh
Remani
Sinu

Legal Representation & Advocates

Counsels for Petitioners

• R. Reji
• M.V. Thamban
• Thara Thamban
• B. Bipin
• Arun Bose
• Suneesh Kumar R.

Counsels for Respondents

• Sadchith P Kurup
• C.P. Anil Raj
• Ancy Rubens

Case Synopsis & Summary

This is a common order passed by the Kerala High Court at Ernakulam on 19 December 2022 in transfer petitions arising from matrimonial disputes between Siji and Sudheesh. The petitions, Tr.P(C) Nos. 425/2022, 439/2022, and Tr.P.(Crl) No.46/2022, seek to transfer proceedings from the Family Court at Chavara to the Family Court at Mavelikara. The wife, Siji, challenges ongoing litigation; she and her five-year-old daughter reside with her mother in Karthikappally, Alappuzha District, far from the Chavara court. The petitions also relate to O.P. (Others) 182/2022, O.P. (H.M.A.) 219/2022, and M.C. 138/2022 before the same Family Court. Counsel for the petitioner argues that the distance, hardship, and absence of a chaperon render it difficult for her and the child to contest multiple proceedings in Chavara; consolidation of the cases would reduce duplication and hardship. The learned judge cites Supreme Court authorities including Sumitha Sing v. Kumar Sanjay, Mona Aresh Goel, Vaishali Shridhar Jagtap, Santhini Vijaya Venkatesh, and Aiswarya N.C.V. v. A.S. Saravana Karthik Sha, stating that the convenience of the woman and child governs, and that the law on transfer in matrimonial disputes is settled (not res integra). After considering the pleadings and the totality of circumstances, the court exercises its discretion under Section 24 CPC and grants the transfers to Mavelikara, with directions for consolidation, record transmission, and notices.

Provisions of Law Cited

Code of Civil Procedure, 1908, Section 24

Legal Doctrines & Maxims

Res integra doctrine (law on transfer in matrimonial disputes is settled)
Convenience of the wife and child in transfer of matrimonial disputes (guiding principle)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner-wife Siji sought transfer on grounds of hardship and convenience, arguing that she and her child reside near Alappuzha and face difficulty attending proceedings in Chavara; the petitions invoke Section 24 CPC to transfer and consolidate related matters to the Family Court, Mavelikara, to reduce travel and ensure better access, coordination of proceedings, and welfare of the child; reliance on precedents emphasizing convenience of the wife and child in matrimonial transfers; the ill advice of counsel leading to filing of MC 138/2022 is also cited, though the aim remains to secure a fair forum for contesting maintenance and divorce actions.

Contentions of Respondents

The respondents contended that the proceedings should remain in the forum of origin, emphasizing existing records, witnesses, and potential disruptions caused by transfer; they argued against transferring all cases; however, the common order notes that the law has evolved toward prioritizing the convenience of the wife and child.

Cited Precedents (5)

Case Name	Citation	Treatment	Explanation
Sumitha Sing V. Kumar Sanjay and another	2002 KHC 1889	Positive	Authorities that emphasize convenience of the wife and child in transfer of matrimonial disputes; supports transferring to a more convenient forum.
Mona Aresh Goel V. Aresh Satya Goel	2000 KHC 1835	Positive	Same principle about convenience.
Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap	2016 KHC 6489	Positive	Supports transfer based on convenience.
Santhini V. Vijaya Venkatesh	2017 (5) KHC 48	Positive	Reiterates principle of convenience in transfers.
Aiswarya N.C.V. v. A.S. Saravana Karthik Sha	2022 (5) KHC 185(SC)	Positive	SC decision reinforcing convenience of wife and child in transfer.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`TIN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` MONDAY, THE 19[TH] DAY OF DECEMBER 2022 / 28TH AGRAHAYANA, 1944 TR.P(C) NO. 439 OF 2022 OPHMA 219/2022 OF FAMILY COURT, CHAVARA ``` ## **`PETITIONER/RESPONDENT:`** ``` SIJI AGED 30 YEARS D/O. KRISHNANKUTTY, KRISHNA VILASATH, PATHIYOOR EAST MURI, KEERIKKAD P.O, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN - 690508 BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE SUNEESH KUMAR R. ``` ## **`RESPONDENT/PETITIONER:`** ``` SUDHEESH AGED 37 YEARS S/O. RAJAN, JYOTHI BHAVAN, MARUTHOORKULANGARA SOUTH MURI, ALUMKADAVU P.O, KARUNAGAPPALLY VILLAGE, KOLLAM DISTRICT, PIN - 690508 BY ADVS. SADCHITH P KURUP C.P.ANIL RAJ(K/872/2007) ANCY RUBENS(K/1320/2022) ``` ``` THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19.12.2022, ALONG WITH Tr.P(C).425/2022, Tr.P (Crl) No.46/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 19[TH] DAY OF DECEMBER 2022/28TH AGRAHAYANA, 1944 ``` ## **`TR.P(C) NO. 425 OF 2022`** ## **`OP(OTHERS) 182/2022 OF FAMILY COURT, CHAVARA`** ## **`PETITIONER/PETITIONER:`** ``` SIJI AGED 30 YEARS D/O. KRISHNANKUTTY, KRISHNA VILASATH, PATHIYOOR EAST MURI, KEERIKKAD P.O, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN - 690508 BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE SUNEESH KUMAR R. ``` ## **`RESPONDENTS/PETITIONER AND RESPONDENTS 2 AND 3:`** ``` 1SUDHEESH AGED 37 YEARS S/O. RAJAN, JYOTHI BHAVAN, MARUTHOORKULANGARA SOUTH MURI, ALUMKADAVU P.O, KARUNAGAPPALLY VILLAGE, KOLLAM DISTRICT PIN - 690508 2REMANI AGED 69 YEARS W/O KRISHNANKUTTY, KRISHNA VILASATH, PATHIYOOR EAST MURI, KEERIKKAD P.O, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN - 690508 ``` Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 3 ``` 3SINU AGED 42 YEARS S/O KRISHNANKUTTY, KRISHNA VILASATH, PATHIYOOR EAST MURI, KEERIKKAD P.O, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN - 690508 BY ADVS. SADCHITH P KURUP C.P.ANIL RAJ(K/872/2007) ANCY RUBENS(K/1320/2022) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2022, ALONG WITH Tr.P(C).439/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 4 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 19[TH] DAY OF DECEMBER 2022/28TH AGRAHAYANA, 1944 TR.P(CRL.) NO. 46 OF 2022 MC 138/2022 OF FAMILY COURT, CHAVARA ``` ## **`PETITIONERS/PETITIONERS:`** ``` 1SIJI AGED 25 YEARS D/O. KRISHNANKUTTY, KRISHNA VILASAM, PATHIYOOR EAST MURI, KEERIKKAD P.O, KAYAMKULAM ALAPPUZHA DISTRICT, PIN- 690508, PIN - 690508 2DEVATHEERTHA (MINOR) AGED 5 YEARS (DATE OF BIRTH 26.06.2017), D/O SIJI, KRISHNA VILASAM, PATHIYOOR EAST MURI, KEERIKKAD P.O, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN- 690508, REPRESENTED BY MOTHER AND NATURAL GUARDIAN SIJI, AGED 25 YEARS, D/O. KRISHNANKUTTY, KRISHNA VILASAM, PATHIYOOR EAST MURI, KEERIKKAD P.O, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690508 BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE SUNEESH KUMAR R. ``` ## **`RESPONDENT/RESPONDENT:`** ``` SUDHEESH AGED 37 YEARS S/O. RAJAN, ``` 5 Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 ``` JYOTHI BHAVAN, MARUTHOORKULANGARA SOUTH MURI, ALUMKADAVU P.O, KARUNAGAPPALLY VILLAGE, KOLLAM DISTRICT, PIN - 690508 ``` ``` THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19.12.2022, ALONG WITH Tr.P(C).439/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 6 Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 ## **COMMON ORDER** As the transfer petitions arise out of the marital disputes between the petitioner/wife -Siji and the first respondent/husband - Sudheesh, they are disposed of by this common order. 2. Tr.P.(C) No.425/2022 is filed by the petitionerwife against the first respondent-husband and mother and brother of the petitioner to transfer O.P. (Others)No.182/2022 from the Family Court, Chavara to the Family Court, Mavelikara. Tr.P.(C) No.439/2022 is filed by the wife against the husband to transfer O.P. (H.M.A) No.219/2022 from the Family Court, Chavara to the Family Court, Mavelikara. Tr.P(Crl) No.46/2022 is filed by the wife and child against the respondenthusband, to transfer M.C. No.138/2022 from the Family Court, Chavara to the Family Court, Mavelikara. 7 Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 As Tr.P.(C) No.425/2022 is the most comprehensive transfer petition, the same is treated as a leading case. 3. The common case of the petitioner – wife, in brief, in the memorandum of transfer petition is that, she is the wife of the first respondent. They have a five year old daughter born in their wedlock. The first respondent has filed O.P. (Others) No.182/2022 against the petitioner and her mother and brother before the Family Court, Chavara, seeking a decree for recovery of gold ornaments and money. The first respondent has also filed O.P(H.M.A) No.219/2022 against the petitioner before the same court, seeking a decree for divorce. The petitioner and the child have filed M.C. No.138/2022 against the first respondent, before the same court, seeking an order of maintenance. The petitioner and her daughter as well as mother and brother are all residing in Karthikappally Taluk, Alappuzha District. It is only because of the ill advice 8 Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 of the petitioner’s lawyer, M.C. No.138/2022 was filed before the Family Court, Chavara. There is no person to chaperon the petitioner and the child from Alappuzha to Chavara to contest all the proceedings before the Family Court, Chavara. On a comparison of the relative hardship, due preference and weightage may be given to the petitioner and the child. Hence, the transfer petitions. 4. Heard; Sri R.Reji, the learned counsel appearing for the petitioner-wife and Sri.Sadchith P. Kurup, the learned counsel appearing for the first respondent-husband. 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], 9 Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 ## **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 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 uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that the petitioner and the five year old daughter are residing in her parental home in Karthikappally Taluk, Alappuzha District, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and allow all the transfer petitions. In the result, I pass the following orders:- Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 10 (i) Tr.P.(C) No.425/2022 is allowed by ordering the transfer of O.P(Others) No.182/2022 from the Family Court, Chavara to the Family Court, Mavelikara. (ii) Tr.P.(C)No.439/2022 is allowed by ordering the transfer of O.P. (H.M.A)No.219/2022 from the Family Court, Chavara to the Family Court, Mavelikara. (iii) Tr.P.(Crl)No.46/2022 is allowed by ordering the transfer of M.C No.138/2022 from the Family Court, Chavara to the Family Court, Mavelikara. (iv) The parties would be at liberty to move the Family Court, Mavelikara and seek for the consolidation and joint trial of all the cases between them. (v)The Registry shall forward a copy of this common order to the Family Court, Chavara with instructions to forthwith transmit the records in the above mentioned cases to the Family Court, Mavelikara. 11 Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 (vi) ) The Family Court, Mavelikara shall, immediately on the receipt of the records in above mentioned cases, issue notice to the parties for their appearance. SD/- **C.S.DIAS, JUDGE** rmm/19/12/2022 12 Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 ## **`APPENDIX OF TR.P(C) 425/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1TRUE COPY OF THE OP(OTHERS ) NO.182/2022 ON THE FILES OF THE HON'BLE FAMILY COURT, CHAVARA ``` Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 13 ## **`APPENDIX OF TR.P(CRL.) 46/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure1TRUE COPY OF THE M.C. NO. 138/2022 ON THE FILES OF THE HON'BLE FAMILY COURT AT CHAVARA ``` 14 Tr.P (C) Nos. 425 & 439 of 2022 & Tr.P.(Crl) No.46 of 2022 ## **`APPENDIX OF TR.P(C) 439/2022`** ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE OP(HMA) NO.219/2022 ON THE FILES OF HON'BLE FAMILY COURT, CHAVARA ```