Sindhu L v. Pradeep Kumar (Tr.P(C) Nos.370 & 371 of 2022)

1 Tr.P (C) Nos.370 and 371 of 2022 # **`THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944 TR.P(C) NO. 370 OF 2022 ``` ``` TO TRANSFER OPSMA 4/2022 OF FAMILY COURT, KOTTARAKKARA ``` ## **`PETITIONER/S:`** ``` SINDHU L AGED 44 YEARS D/O. LEELABHAI, SREEVINAYAKOM, ARSHA NAGAR-26, KENNIMEL CHERRY, KAVANAD.P.O, KOLLAM. ``` ``` BY ADVS. R.KISHORE (KALLUMTHAZHAM) K.G.ALEXANDER ``` ## **`RESPONDENT/S:`** ``` PRADEEP KUMAR AGED 47 YEARS S/O. SUKUMARAN, KIZHAKKEVILA VADAKKATHIL VEEDU, PADINJATTINKARA MURI, VELIYAM POST, PIN - 691540. ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Tr.P (C) Nos.370 and 371 of 2022 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 29[TH] DAY OF AUGUST 2022 / 7TH BHADRA, 1944 TR.P(C) NO. 371 OF 2022 ``` ``` TO TRANSFER OP(OTHERS) 347/2020 OF FAMILY COURT, ``` ## **`KOTTARAKKARA`** ## **`PETITIONER/S:`** ``` SINDHU L AGED 44 YEARS D/O. LEELABHAI, SREEVINAYAKOM, ARSHA NAGAR - 26, KENNIMEL CHERRY, KAVANAD P.O, KOLLAM. BY ADVS. R.KISHORE (KALLUMTHAZHAM) K.G.ALEXANDER ``` ## **`RESPONDENT/S:`** ``` PRADEEP KUMAR AGED 47 YEARS S/O. SUKUMARAN, KIZHAKKEVILA VADAKKATHIL VEEDU, PADINJATTINKARA MURI, VELIYAM POST, PIN - 695140. ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 Tr.P (C) Nos.370 and 371 of 2022 ## **C.S DIAS,J.** **--------------------------Tr.P (C) Nos.370 and 371 of 2022 ----------------------------Dated this the 29[th] day of August, 2022.** ## **COMMON ORDER** As the transfer petitions are between the same parties, they are being disposed of by this common order. 2. The transfer petitions are filed by the petitioner/wife, seeking transfer of OP (SMA) No.4/2022 and OP (Others) No.347/2020 from the Family Court, Kottarakkara, to the Family Court, Kollam. 3. The petitioner’s case, in brief, in the memorandum of transfer petitions is that, she is the wife of the respondent. She has already filed MC No.1/2021 and OP (Others) No.1000/2020, before the Family Court, Kollam, against the respondent. The respondent is contesting the 4 Tr.P (C) Nos.370 and 371 of 2022 above proceedings before the Family Court, Kollam. During the pendency of the above proceedings, the respondent has filed OP (SMA) No.4/2022 and OP (Others) No.347/2020, before the Family Court, Kottarakkara. Hence, the petitioner prays that the above two cases may be transferred to the Family Court, Kollam. Hence, the transfer petition. 4. Heard; Sri.Kishore.R, the learned counsel appearing for the petitioner/wife. Even though notice has been served on the respondent, there is no appearance for him. 5. 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** 5 Tr.P (C) Nos.370 and 371 of 2022 **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 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. 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 case, particularly the fact that MC No.1/2021 and OP (Others) No.1000/2020 are already pending before the Family Court, Kollam and the respondent is contesting the proceedings there, 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 OP (SMA) 6 Tr.P (C) Nos.370 and 371 of 2022 No.4/2022 and OP (Others) No.347/2020, so that the cases can be consolidated and jointly tried, which would avoid conflict of decisions and save precious judicial time. In the result, I allow the transfer petitions as follows: (i) Tr.P(C) No.370/2022 is allowed by ordering transfer of O.P (SMA) No. 4/2022 from the Family Court, Kottarakkara to the Family Court, Kollam. - (ii) Tr.P(C) No.371/2022 is allowed by ordering transfer of O.P (Others) No.347/2020 from the Family Court, Kottarakkara to the Family Court, Kollam. (iii) The parties would be at liberty to move the Family Court, Kollam and seek for consolidation and joint trial of all the cases between them. 7 Tr.P (C) Nos.370 and 371 of 2022 - (iv) The Registry shall forward a copy of the common order to the Family Court, Kottarakkara with instructions to forthwith transmit the records in O.P (SMA) No. - 4/2022 and O.P (Others) No.347/2020 to the Family Court, Kollam. - (v) The Family Court, Kollam shall, immediately on the receipt of the records in the above cases, post the cases along with MC No.1/2021 and OP (Others) No.1000/2020. sd/- Sks/29.8.2022 **C.S.DIAS, JUDGE** 8 Tr.P (C) Nos.370 and 371 of 2022 ## **`APPENDIX OF TR.P(C) 370/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1 ``` ``` THE TRUE COPY OF THE PETITION IN OP (SMA) 4/2022 DATED 1ST JANUARY 2022. ``` 9 Tr.P (C) Nos.370 and 371 of 2022 ## **`APPENDIX OF TR.P(C) 371/2022`** ``` PETITIONER ANNEXURES Annexure A1THE TRUE COPY OF THE PETITION IN OP(OTHERS) 347/2020 DATED 24TH NOVEMBER 2020. ```