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High Court of KeralaSingle JudgeTransfer petitions allowed; OP Nos. 781/2020 an...

Tr.P (C) Nos 517 and 552 of 2020

Case / Petition Number:Tr.P (C) Nos 517 and 552 of 2020

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C. S. Dias
Judgment Date
2022-09-29
Court Decision / Holding
Common order allowing both Tr.P(C) Nos 517/2020 and 552/2020. (i) Transfer of OP 781/2020 from Ettumanoor to Ernakulam. (ii) Transfer of OP 754/2020 from Ettumanoor to Ernakulam. (iii) Liberty to consolidate and jointly try all related cases at Ernakulam. (iv) Registry to transmit records to Ernakulam; Ernakulam Family Court to post along with OPs 2340/2020 and 2341/2020. (vi) The Family Court, Ernakulam to proceed with consolidation and scheduling.
Final Disposition
Transfer petitions allowed; OP Nos. 781/2020 and 754/2020 transferred from Family Court, Ettumanoor to Family Court, Ernakulam; parties may seek consolidation and joint trial; registry to transmit records; Ernakulam Family Court to post these cases with OPs 2340/2020 and 2341/2020.

Parties to the Case

Appellants / Petitioners

  • Vineetha V Nair

Respondents

  • Vimal Ravi

Legal Representation & Advocates

Counsels for Petitioners

  • • Smt. P. T. Mary (Advocate)
  • • Mary P. T.

Counsels for Respondents

  • • Sajeev T. P. (Advocate)

Case Synopsis & Summary

The common transfers arise from a marital dispute between Vineetha V Nair (petitioner/wife) and Vimal Ravi (respondent/husband). Vineetha seeks transfer of Family Court OP Nos. 781/2020 and 754/2020 from Ettumanoor to Ernakulam, so they can be consolidated with pending petitions at Ernakulam (OPs 2340/2020 and 2341/2020) involving custody and divorce. The respondent opposes or contests Annexures 1 and 2 before Ernakulam. The matter was heard on 29 September 2022. The court cites Supreme Court/H.C. precedents (Sumitha Sing v. Kumar Sanjay; Mona Aresh Goel v. Aresh Satya Goel; Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap; Santhini v. Vijaya Venkatesh; N.C.V Aishwarya v. A.S Saravana Karthik Sha) to emphasize that transfer of matrimonial disputes must prioritize the convenience of the wife and children, with the law being largely res‑integra. Exercising discretionary power under Sec. 24 CPC, the judge transfers OP 781/2020 and OP 754/2020 to Ernakulam, enabling consolidation and joint trial to avoid conflicting decisions and save judicial time. The registry is directed to transmit records to Ernakulam, and Ernakulam is instructed to post the mater with OP 2340/2020 and 2341/2020. The petitioner and respondent are left to pursue consolidation under the Ernakulam Family Court, with further proceedings to follow.

Provisions of Law Cited

Code of Civil Procedure, Sec. 24 (transfer of proceedings)

Legal Doctrines & Maxims

  • Res-integra doctrine on transfer of matrimonial disputes
  • Convenience of the woman and children as the guiding principle for transfer of cases

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argued for transfer under Sec. 24 CPC to Ernakulam Family Court so that OP Nos. 781/2020 and 754/2020 can be consolidated with Ernakulam proceedings (OP 2340/2020 and 2341/2020) concerning custody and divorce. The transfer would prevent conflicting decisions and conserve judicial time; Annexures 1 and 2 are already before Ernakulam, and the respondent is contesting there.

Contentions of Respondents

The respondent’s counsel argued based on contestation of Annexures 1 and 2 before the Ernakulam court; no explicit contrary ground is detailed in the order excerpt, but the pleadings reflect contest before Ernakulam.

Cited Precedents (5)

Case NameCitationTreatmentExplanation
Sumitha Sing V. Kumar Sanjay and another2002 KHC 1889PositiveCited as authority for the principle that transfer of matrimonial disputes should focus on convenience of the wife and children; supports the discretionary transfer under Sec. 24 CPC.
Mona Aresh Goel V. Aresh Satya Goel2000 KHC 1835PositiveCited to reinforce the transfer doctrine prioritizing convenience of the woman and child in matrimonial disputes.
Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap2016 KHC 6489PositiveCited as authority on the convenience principle guiding transfer decisions.
Santhini V. Vijaya Venkatesh2017 (5) KHC 48PositiveCited to support the approach that ancillary considerations favoring the wife and child influence transfer orders.
N.C.V Aishwarya vs. A.S Saravana Karthik Sha2022 (5) KHC 182PositiveCited as part of the line of authority on transfer of matrimonial disputes under Sec. 24 CPC.

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Extracted Judgment Text

Exact text extracted from official judgment records.

1 Tr.P (C)Nos 517 and 552 of 2020 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 29[TH] DAY OF SEPTEMBER 2022 / 7TH ASWINA, 1944 TR.P(C) NO. 517 OF 2020 ``` ## **`TO TRANSFER OP 781/2020 OF FAMILY COURT, KOTTAYAM`** ## **`PETITIONER/S:`** ``` VINEETHA V NAIR, AGED 34 YEARS D/O. P.S.VISHWANATHAN NAIR, WEST VILANGANADU HOUSE, KEDAMANGALAM, NORTH PARAVUR, ERNAKULAM-683513. ``` ``` BY ADV MARY.P.T ``` ## **`RESPONDENT/S:`** ``` VIMAL RAVI, S/O.RAVINDRANATHAN NAIR, SOUPARNIKA, NATTAKOM P.O., KOTTAYAM-686013. ``` ``` BY ADV SAJEEV.T.P. ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.09.2022 ALONG WITH TRPC 552/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Tr.P (C)Nos 517 and 552 of 2020 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 29[TH] DAY OF SEPTEMBER 2022 / 7TH ASWINA, 1944 TR.P(C) NO. 552 OF 2020 ``` ## **`TO TRANSFER OP 754/2020 OF FAMILY COURT, KOTTAYAM PETITIONER/S:`** ``` VINEETHA V.NAIR AGED 34 YEARS D/O.P.S.VISHWANATHAN NAIR, WEST VILANGANADU HOUSE, KEDAMANGALAM, NORTH PARAVUR, ERNAKULAM - 683 513. BY ADVS. SMT.P.T.MARY ``` ## **`RESPONDENT/S:`** ``` VIMAL RAVI ``` ``` S/O.RAVINDRANATHAN NAIR, SOUPARNIKA, NATTAKOM P.O., KOTTAYAM - 686 013. ``` ``` BY ADV SAJEEV.T.P. ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.09.2022 ALONG WITH TRPC 517/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 Tr.P (C)Nos 517 and 552 of 2020 ## **C.S DIAS,J.** **--------------------------Tr.P (C)Nos 517 and 552 of 2020 ----------------------------Dated this the 29[th] day of September, 2022.** ## **COMMON ORDER** As the transfer petitions arise out of the marital dispute between Vineetha V Nair (petitioner/wife) and Vimal Ravi (respondent/husband), they are being disposed of by this common order. The transfer petitions are filed by wife to transfer OP Nos. 781 and 754 of 2020 from the Family Court, Ettumanoor, to the Family Court, Ernakulam. 2. The common case of the petitioner in the transfer petitions is that, she is the wife of the respondent. They have a child born in their wedlock. The respondent was employed abroad. The marital relationship is strained. The petitioner has already filed OP No.2340/2020 (Annexure 1), against the respondent, before the Family Court, Ernakulam, for the custody of the child. She has also filed OP No.2341/2020 (Annexure 2) 4 Tr.P (C)Nos 517 and 552 of 2020 before the same Court, against the respondent, for a decree of divorce. The respondent has now filed OP No.781/2020 (Annexure 7) before the Family Court, Ettumanoor, against the petitioner, for custody of the child. He has also filed OP No.754/2020 (Annexure 8), before the same Court, against the petitioner. The respondent is contesting Annexures 1 and 2 before the Family Court, Ernakulam. Therefore, no inconvenience would be caused to the respondent in OP Nos 781 and 754 of 2020 being transferred to the Family Court, Ernakulam. Hence, the transfer petition. 3. Heard; Smt.P.T Mary, the learned counsel appearing for the petitioner/wife and Sri.Sajeev T.P, the learned counsel appearing for the respondent/husband. 4. The law with respect to transfer of no proceedings, particularly matrimonial disputes, is 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], 5 Tr.P (C)Nos 517 and 552 of 2020 **Vaishali Shridhar 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. 5. 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 Annexures 1 and 2 are already pending before the Family Court, Ernakulam, and the respondent is contesting the proceedings before the said Court, I am inclined to exercise the discretionary powers of this Court under Sec.24 of the Code of Civil Procedure and order the transfer of OP Nos 781 and 754 of 2020, so that the cases can be consolidated and jointly tried, which would avoid conflict of decisions and save precious judicial time. 6 Tr.P (C)Nos 517 and 552 of 2020 In the result, I allow the transfer petition as follows: (i) Tr.P(C) No.517/2020 is allowed by ordering the transfer of O.P No. 781/2020 from the Family Court, Ettumanoor, to the Family Court, Ernakulam. (ii) Tr.P(C) No.552/2020 is allowed by ordering the transfer of O.P No.754/2020 from the Family Court, Ettumanoor, to the Family Court, Ernakulam. (iii) The parties would be at liberty to move the Family Court, Ernakulam, and seek for consolidation and joint trial of all the cases between them. (iv) The Registry shall forward a copy of this common order to the Family Court,Ettumanoor with instructions to forthwith transmit the records in OP Nos.781 and 754 of 2020, to the Family Court, Ernakulam. 7 Tr.P (C)Nos 517 and 552 of 2020 (vi) The Family Court, Ernakulam shall, immediately on the receipt of the records in the above cases, post the case along with OP Nos 2340 and 2341 of 2020. sks/29.9.2022 **sd/C.S.DIAS, JUDGE** 8 Tr.P (C)Nos 517 and 552 of 2020 ## **`APPENDIX OF TR.P(C) 517/2020`** ``` PETITIONER ANNEXURES ``` - `ANNEXURE 1 TRUE COPY OF THE ORIGINAL PETITION IN G.O.P.2340/2020 ON THE FILE OF THE FAMILY COURT, ERNAKULAM.` - `ANNEXURE 2 TRUE COPY OF THE ORIGINAL PETITION NO.2341/2020 ON THE FILE OF THE FAMILY COURT, ERNAKULAM.` - `ANNEXURE 3 TRUE COPY OF THE I.A.3942/2020 IN O.P.2340/2020.` - `ANNEXURE 4 TRUE COPY OF THE ADDITIONAL AFFIDAVIT DATED 1.12.2020.` - `ANNEXURE 5 TRUE COPY OF THE ORDER DATED 4.12.2020 IN I.A.3942/2020.` - `ANNEXURE 6 TRUE COPY OF THE ORDER DATED 7.12.2020 IN I.A.NO.3942/2020.` - `ANNEXURE 7 TRUE COPY OF THE SUMMONS ISSUED BY THE FAMILY COURT KOTTAYAM IN O.P.NO.781/2020.` - `ANNEXURE 8 TRUE COPY OF THE ORIGINAL PETITION NO.754/2020 ON THE FILE OF THE FAMILY COURT, KOTTAYAM.` 9 Tr.P (C)Nos 517 and 552 of 2020 ## **`APPENDIX OF TR.P(C) 552/2020`** ``` PETITIONER ANNEXURES ANNEXURE 1TRUE COPY OF THE ORIGINAL PETITION NO.2341/2020 ON THE FILE OF THE FAMILY COURT ERNAKULAM. ANNEXURE 2TRUE COPY OF THE ORIGINAL PETITION IN O.P.2340/2020 ON THE FILE OF THE FAMILY COURT, ERNAKULAM. ANNEXURE 3TRUE COPY OF THE ORIGINAL PETITION NO.754/2020 ON THE FILE OF THE FAMILY COURT KOTTAYAM. ```