Treesa Sebastian v. George Varghese

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 13[TH] DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944 ``` ## **`TR.P(C) NO. 228 OF 2022`** ``` IN OP 348/2022 OF FAMILY COURT, ALAPPUZHA ``` ## **`PETITIONER/RESPONDENT:`** ``` TREESA SEBASTIAN, AGED 37 YEARS, D/O. SEBASTIAN, MEKKARASSERY, MIYATH NORTH, AVALOOKUNNU P.O., ALAPPUZHA, NOW RESIDING AT APARTMENT NO.4A, DD SEA VIEW APARTMENT, CONVENT JUNCTION, MARKET ROAD, ERNAKULAM-682 011 ``` ``` BY ADVS.V.K.BALACHANDRAN DRISHYA K.PRAKASH ``` ## **`RESPONDENT/PETITIONER:`** ``` GEORGE VARGHESE AGED 38 YEARS S/O.VARGHESE , KOLLAMPARAMBIL, ITTITHANAM P.O., CHANGANACHERRY, KOTTAYAM-686 535 ``` ``` BY ADVS.DR. SEBASTIAN CHAMPAPPILLY ABRAHAM P.MEACHINKARA(K/1234/1995) GEORGE CLEETUS(K/000704/2002) MARGARET MAUREEN DROSE(K/1328/2019) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2022, ALONG WITH Tr.P(C).464/2022, 474/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **`TR.P(C) Nos.228,464 & 474 of 2022`** 2 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 13[TH] DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944 ``` ``` TR.P(C) NO. 464 OF 2022 ``` ``` IN OP 806/2022 OF FAMILY COURT, ALAPPUZHA ``` ## **`PETITIONER/ PETITIONER:`** ``` TREESA SEBASTIAN, AGED 37 YEARS, D/O.SEBASTIAN, MEKKARASSERY, MIYATH NORTH, AVALOOKUNNU P.O., ALAPPUZHA, NOW RESIDING AT APARTMENT NO.4A, DD SEA VIEW APARTMENT, CONVENT JUNCTION, MARKET ROAD, ERNAKULAM - 682 011. ``` ``` BY ADVS.V.K.BALACHANDRAN DRISHYA K.PRAKASH ``` ## **`RESPONDENT/RESPONDENT:`** ``` GEORGE VARGHESE S/O.VARGHESE, KOLLAMPARAMBIL ITTITHANAM P.O., CHANGANACHERRY, KOTTAYAM - 686 535. ``` ``` BY ADVS.DR. SEBASTIAN CHAMPAPPILLY ABRAHAM P.MEACHINKARA(K/1234/1995) GEORGE CLEETUS(K/000704/2002) MARGARET MAUREEN DROSE(K/1328/2019) ANNIE GEORGE(K/349/1999) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2022, ALONG WITH Tr.P(C).228/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **`TR.P(C) Nos.228,464 & 474 of 2022`** 3 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 13[TH] DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944 TR.P(C) NO. 474 OF 2022 ``` ## **`OP(G&W)NO.1968/2022 OF FAMILY COURT,TRIVANDRUM`** ## **`PETITIONER/PETITIONER:`** ``` TREESA SEBASTIAN AGED 37 YEARS D/O.SEBASTIAN, MEKKARASSERY, MIYATH NORTH, AVALOOKUNNU P.O., ALAPPUZHA, NOW RESIDING AT APARTMENT NO.4A, DD SEA VIEW APARTMENT, CONVENT JUNCTION, MARKET ROAD, ERNAKULAM - 682 011. ``` ``` BY ADVS.V.K.BALACHANDRAN DRISHYA K.PRAKASH ``` ## **`RESPONDENT/RESPONDENT:`** ``` GEORGE VARGHESE AGED 38 YEARS S/O.VARGHESE, KOLLAMPARAMBIL, ITTITHANAM P.O., CHANGANACHERRY, KOTTAYAM - 686 535. ``` ``` BY ADVS.DR. SEBASTIAN CHAMPAPPILLY ABRAHAM P.MEACHINKARA(K/1234/1995) GEORGE CLEETUS(K/000704/2002) MARGARET MAUREEN DROSE(K/1328/2019) ANNIE GEORGE(K/349/1999) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2022, ALONG WITH Tr.P(C).228/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **`TR.P(C) Nos.228,464 & 474 of 2022`** 4 ## **COMMON ORDER** As the parties are the same, the three transfer petitions are being disposed by this common order. The transfer petitions are filed by the petitioner-wife against the respondent- husband under Sec.24 of the Code of Civil Procedure, to transfer O.P. Nos.348/2022 and 806/2022 from the Family Court, Alappuzha to the Family Court, Ernakulam, and O.P. (G&W) No.1968/2022 from the Family Court, Thiruvananthapuram to the Family Court, Ernakulam. 2. The common case of the petitioner, in the memorandum of transfer petitions, is that, she is the wife of the respondent. Their marital relationship is strained. They have three children born in their wedlock. The petitioner had filed M.C No.29/2022 (for an order of maintenance for the children), O.P. No.212/2022 (for the custody of the children), O.P. No.221/2022(for a decree of divorce) and O.P. No.220/2022 (for a decree of past maintenance and **`TR.P(C) Nos.228,464 & 474 of 2022`** 5 other ancillary reliefs) against the respondent, before the Family Court, Ernakulam, On the objection of the respondent, as regards territorial jurisdiction, O.P. No.212/2022 was represented before the Family Court, Thiruvananthapuram and re-numbered as O.P.(G&W) No.1968/2022 and O.P. No.221/2022 was represented before the Family Court, Alappuzha and re-numbered as O.P. No.806/2022. In the meanwhile, the respondent filed O.P. No.348/2022( for a decree of divorce) against the petitioner before the Family Court, Alappuzha. Thus, as matters stand now, there are two cases between the parties before the Family Court at Ernakulam and Alappuzha and one case at the Family Court, Thiruvananthapuram. As the petitioner and the children are residing within the jurisdiction of the Family Court, Ernakulam, it would be just and convenient for them that all the cases between the parties be consolidated and jointly tried by the same court, which would save precious judicial time, avoid multiplicity of proceedings and conflict of decisions. **`TR.P(C) Nos.228,464 & 474 of 2022`** 6 Hence the transfer petitions. 3. Heard; Sri. V.K. Balachandran, the learned counsel appearing for the petitioner and Dr.Sebastian Champappilly, the learned counsel appearing for the respondent. 4.Dr.Sebastian Champappilly, on instructions, submitted that the respondent has no objection in the transfer petitions being allowed. 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], **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 ## **`TR.P(C) Nos.228,464 & 474 of 2022`** 7 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, no-objection stated by the respondent and the fact that O.P.No.220/2022 and M.C. No.29/2022 are already pending before the Family Court, Ernakulam and that the respondent is contesting the proceedings before the said court, 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 O.P.Nos.348/2022, 806/2022 and 1968/2022 from the above courts to the Family Court, Ernakulam, so that all the cases between the parties can be consolidated and jointly tried, which would save precious judicial time and avoid multiplicity of proceedings and conflict of decisions. In the result, I allow the transfer petitions as follows:- **`TR.P(C) Nos.228,464 & 474 of 2022`** 8 (i) Tr.P.(C) No.228/2022 is allowed by ordering the transfer of O.P No.348/2022 from the Family Court, Alappuzha to the Family Court, Ernakulam. (ii) Tr.P.(C) No.464/2022 is allowed by ordering the transfer of O.P No.806/2022 from the Family Court, Alappuzha to the Family Court, Ernakulam. (iii) Tr.P.(C) No.474/2022 is allowed by ordering the transfer of O.P(G&W) No.1968/2022 from the Family Court, Thiruvananthapuram to the Family Court, Ernakulam. (iv) The parties would be at liberty to move the Family Court, Ernakulam 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 Courts, Alappuzha and Thiruvananthapuram with instructions to forthwith transmit the records in the above mentioned cases to the Family Court, Ernakulam. (vi) The Family Court, Ernakulam shall, immediately on the receipt of the records in the above ``` TR.P(C) Nos.228,464 & 474 of 2022 ``` 9 mentioned cases, post the case along with O.P. No.220/2022. Sd/- **C.S.DIAS, JUDGE** rmm/13/12/2022 ``` TR.P(C) Nos.228,464 & 474 of 2022 ``` 10 ## **`APPENDIX OF TR.P(C) 228/2022`** ``` PETITIONER ANNEXURES ANNEXURE 1TRUE COPY OF THE OP NO.221/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM ANNEXURE 2TRUE COPY OF THE OP NO.212/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM ``` - **`ANNEXURE 3 TRUE COPY OF THE MC NO.29/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM`** - **`ANNEXURE 4 TRUE COPY OF THE OP NO.220/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM`** - **`ANNEXURE 5 TRUE COPY OF THE OP NO.348/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ALAPPUZHA`** - **`RESPONDENT ANNEXURES ANNEXURE R-1 (A) TRUE COPY OF DOCUMENT NO.2 [TRANSFER CERTIFICATES OF THE MINOR CHILDREN] PRODUCED BY THE PETITIONER IN O.P. NO. 212 OF 2022 BEFORE THE FAMILY COURT AT ERNAKULAM`** - **`ANNEXURE R-1 (B) TRUE COPY OF THE ORDER DATED 26-05-2022 IN TR.P.(C) NO. 293 OF 2022`** - **`ANNEXURE R-1 (C) TRUE COPY OF THE ORDER DATED 25-05-2022 IN TR.P.(C) NO. 286 OF 2022`** - **`ANNEXURE R-1 (D) TRUE COPY OF ORDER IN O.P.(FC) NO. 299 OF 2022 DATED 30-06-2022`** - **`ANNEXURE R-1 (E) TRUE COPY OF THE ORDER OF THE HON'BLE FAMILY COURT, ERNAKULAM IN I.A. NO. 2011 OF 2022 IN O.P. NO.212 OF 2022 DATED 17-06-2022`** - **`ANNEXURE R-1 (F) TRUE COPY OF ORDER OF THE HON'BLE FAMILY COURT, ERNAKULAM IN I.A. NO. 2010 OF 2022 IN O.P. NO.221 OF 2022 DATED 17-06-2022`** ``` TR.P(C) Nos.228,464 & 474 of 2022 ``` 11 ## **`APPENDIX OF TR.P(C) 464/2022`** ``` PETITIONER ANNEXURES ANNEXURE 1TRUE COPY OF THE ORDER DATED 17/6/2022 IN IA NO.2010/2022 IN OP NO.221/2022 PASSED BY THE FAMILY COURT, ERNAKULAM. ``` ``` ANNEXURE 2TRUE COPY OF THE OP NO.806/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ALAPPUZHA. ``` ``` TR.P(C) Nos.228,464 & 474 of 2022 ``` 12 ## **`APPENDIX OF TR.P(C) 474/2022`** ``` PETITIONER ANNEXURES ANNEXURE 1TRUE COPY OF THE ORDER DATED 17/6/2022 IN I.A.NO.2011/2022 IN OP NO.212/2022 PASSED BY THE FAMILY COURT, ERNAKULAM. ANNEXURE 2TRUE COPY OF THE OP (G&W) NO.1968 OF 2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. ```