Tr.P (C) Nos 246 and 247 of 2022 (Common Transfer Petitions)

1 Tr.P (C)Nos 246 and 247 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 13[TH] DAY OF JUNE 2022 / 23RD JYAISHTA, 1944 TR.P(C) NO. 246 OF 2022 ``` ## **`TO TRANSFER OP 1028/2017 OF FAMILY COURT, PATHANAMTHITTA PETITIONER/S:`** ``` GLARA PRAKASH @ GLARA SONNI AGED 31 YEARS D/O. PRAKASAN, RESIDING AT PUNNAVILA VEEDU (SKY LAND), AYROOR VILLAGE, ELAKONAM P.O., CHIRAYINKEEZHU TALUK, TRIVANDRUM DISTRICT, PIN- 691523. ``` ``` BY ADVS. SHAMMI VIJAYAN NAVEEN RADHAKRISHNAN ``` ## **`RESPONDENT/S:`** ``` SONY RAMACHANDRAN AGED 37 YEARS S/O. RAMACHANDRAN, MANIMANDIRAM, MUNDAPPALLY, NELLIMUKAL P.O., KADAMPANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-691551. ``` ``` BY ADVS. JACOB P.ALEX JOSEPH P.ALEX MANU SANKAR P. AMAL AMIR ALI ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Tr.P (C)Nos 246 and 247 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` MONDAY, THE 13[TH] DAY OF JUNE 2022 / 23RD JYAISHTA, 1944 TR.P(C) NO. 247 OF 2022 ``` ## **`TO TRANSFER OP 748/2018 OF FAMILY COURT, PATHANAMTHITTA`** ## **`PETITIONER/S:`** ``` GLARA PRAKASH @ GLARA SONNI,AGED 31 YEARS D/O.PRAKASAN, RESIDING AT PUNNAVILA VEEDU, (SKY LAND), AYROOR VILLAGE, ELAKAMON P.O., ``` ``` CHIRAYINKEEZHU TALUK, TRIVANDRUM DISTRICT, PIN-691 523. ``` ``` BY ADVS. ``` ``` SHAMMI VIJAYAN NAVEEN RADHAKRISHNAN ``` ## **`RESPONDENT/S:`** ``` 1SONY RAMACHANDRAN,AGED 37 YEARS S/O.RAMACHANDRAN, MANIMANDIRAM, MUNDAPPALLY, NELLIMUKAL P.O., KADAMPANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-691 551. ``` ``` 2SEENA RAMACHANDRAN, AGED 53 YEARS D/O.RAMACHANDRAN, MANIMANDIRAM, MUNDAPPALLY, NELLIMUKAL P.O., KADAMPANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-691 551. ``` ``` BY ADVS. ``` ``` JACOB P.ALEX JOSEPH P.ALEX MANU SANKAR P. AMAL AMIR ALI ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 Tr.P (C)Nos 246 and 247 of 2022 ## **C.S DIAS,J.** **--------------------------Tr.P (C)Nos 246 and 247 of 2022 ----------------------------Dated this the 13[th] day of June, 2022.** ## **COMMON ORDER** As the transfer petitions are between the same parties, seeking transfer of the proceedings between them from the Family Court, Pathanamthitta, to the Family Court, Attingal, they are being disposed of by this common order. The parties are, for the sake of convenience, referred to as per their status and the pleadings in Tr.P(C) No.246/2022. 2. The petitioner/wife has filed Tr.P(C) 246/2022, seeking to transfer OP No.1028/2017 (Annexure A3) and Tr.P(C) 247/2022, seeking to transfer OP No.748/2018 (Annexure A4), both pending before the Family Court, Pathanamthitta, to the Family Court, Attingal. 3. The petitioner’s common case in both the transfer petitions is that, she is the wife of the 4 Tr.P (C)Nos 246 and 247 of 2022 respondent. They have a male child born in their wedlock. Due to the matrimonial disputes between them, the petitioner had filed OP No.1167/2012 before the Family Court, Nedumangadu. The case was transferred, on the administrative side, to the Family Court, Attingal, on its formation, and renumbered as OP No.1290/2013 (Annexure A1). Thereafter, the petitioner filed M.C No.198/2013 (Annexure A2) before the Family Court, Attingal, seeking an order of maintenance for herself and child. The parties settled their disputes and resumed cohabitation. Consequently, Annexures A1 and A2 were withdrawn. Thereafter, the respondent has filed OP No.1028/2017 (Annexure A3) before the Family Court, Pathanamthitta, seeking a decree of divorce. On receipt of Annexure A3, the petitioner has filed OP No.748/2018 (Annexure A4) before the Family Court, Pathanamthitta, seeking a decree for recovery of gold ornaments and money. The petitioner is residing with her parents in Dubai. Therefore, she could not contest Annexures A3 and A4, and Annexure A3 was 5 Tr.P (C)Nos 246 and 247 of 2022 decreed ex parte and Annexure A4 was dismissed for default. Now the petitioner, out of her vagrancy, has filed MC No.6/2022 (Annexure A5) before the Family Court, Attingal. Since her parents and son are residing in Dubai, she is also residing with them. The respondent is also residing abroad. He is a native of Varkala, i.e., a resident within the jurisdiction of the Family Court, Attingal. It is impossible for the petitioner to travel alone from Elakamon to Pathanamthitta. The respondent has filed Annexure A3 only to harass the petitioner. The petitioner is apprehensive for her life to appear before the Family Court, Pathanamthitta. Hence, Annexures A3 and A4 may be transferred from the Family Court, Pathanamthitta, to the Family Court, Attingal. 4. The transfer petitions are opposed by the respondent, who has filed a counter affidavit, inter alia, contending that there is no bonafides in the plea put forth by the petitioner in the transfer petitions. Admittedly, the petitioner is residing abroad. Annexures 6 Tr.P (C)Nos 246 and 247 of 2022 A3 and A4 are pending consideration before the Family Curt, Pathanamthitta, from 2017- 2018 onwards. The petitioner herself has instituted Annexure A4 before the Family Court, Pathanamthitta. The cases were decreed and dismissed for default, respectively. Thereafter, the orders were set aside. The petitioner has appeared before the Family Court, Pathanamthitta, for mediation and conciliation proceedings. Now, only evidence remains to be recorded. The petitioner can very well avail the video conferencing facility, if so advised. Since the petitioner is settled in Dubai, no inconvenience would be caused to her if the cases are tried either at Pathanamthitta or Attingal. Hence, the transfer petitions may be dismissed. 5. Heard; Sri.Shammi Vijayan, the learned counsel appearing for the petitioner and Sri.Joseph P.Alex, the learned counsel appearing for the respondent. 7 Tr.P (C)Nos 246 and 247 of 2022 6. The sole point that arises for consideration in both the transfer petitions is whether Annexures A3 and A4 have to be transferred. 7. Annexure A3 was filed in the year 2017. The petitioner herself instituted Annexure A4 in the year 2018. The petitioner herself admits in paragraph 10 of the transfer petition is that she is residing with her parents and son in Dubai. The petitioner also does not dispute the fact that she had appeared before the Family Court, Pathanamthitta, for mediation and conciliation proceedings. It is nearly five years after the institution of Annexures A3 and A4 that the petitioner is approaching this Court, seeking to transfer Annexures A3 and A4, on the alleged apprehensive on being intimidated and hurt by the respondent and his henchmen. The respondent is also employed abroad. There is no material on record regarding the alleged intimidation of the respondent or any complaint filed by 8 Tr.P (C)Nos 246 and 247 of 2022 the petitioner. Thus, it is only to assume that the apprehension now raised is unfounded. 8. This Court in **Mundekkat v. Vidhya Akhilesh Jayaram** [2021 (6) KHC 506] has empathetically held that there is no invariable rule whenever wife seeks a transfer pointing out inconvenience, this Court is not obliged to exercise its powers under Sec.24 of the Civil Procedure Code. The same view has been reiterated by this Court in **Silpa Shaji v. Satheesh K.S** [2022 (1) KHC 691]. 9. On a comprehensive appreciation of the pleadings and materials on record, particularly the fact that the petitioner is residing in Dubai, that Annexures A3 and A4 are pending consideration before the Family Court since 2017 – 2018, that the petitioner has appeared before the said Court and it is only at the fag end of the proceedings, that the petitioner has sought for transfer of the said cases, I do not find any ground to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure. 9 Tr.P (C)Nos 246 and 247 of 2022 Nevertheless, the petitioner would be at liberty to move the Family Court and seek for dispensation of her personal appearance and also to seek for her examination through video conferencing facility. The transfer petitions are merit-less. With the above observation, the transfer petitions are dismissed. **SD/-** sks/13.06.2022 **C.S.DIAS, JUDGE** 10 Tr.P (C)Nos 246 and 247 of 2022 ## **`APPENDIX OF TR.P(C) 246/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1TRUE COPY OF O.P.1167/2012 OF FAMILY COURT NEDUMANGADU (O.P.1290/2013 OF FAMILY COURT ATTINGAL). Annexure A2TRUE COPY OF M.C.198/2013 OF FAMILY COURT ATTINGAL. Annexure A3TRUE COPY OF O.P.1028/2017 OF FAMILY COURT PATHANAMTHITTA. Annexure A4TRUE COPY OF O.P.748/2018 OF FAMILY COURT PATHANAMTHITTA. Annexure A5TRUE COPY OF M.C.6/2022 OF FAMILY COURT, ATTINGAL. ``` 11 Tr.P (C)Nos 246 and 247 of 2022 ## **`APPENDIX OF TR.P(C) 247/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1TRUE COPY OF OP 1167/2012 OF FAMILY COURT, NEDUMANAGADU (OP 1290/2013 OF FAMILY COURT, ATTINGAL). Annexure A2TRUE COPY OF MC 198/2013 OF FAMILY COURT, ATTINGAL. Annexure A3TRUE COPY OF OP 1028/2017 OF FAMILY COURT, PATHANAMTHITTA. Annexure A4TRUE COPY OF OP 748/2018 OF FAMILY COURT, PATHANAMTHITTA. Annexure A5TRUE COPY OF MC 6/2022 OF FAMILY COURT, ATTINGAL. ```