Tr.P (C) Nos.183 and 184 of 2022, In the High Court of Kerala at Ernakulam

1 Tr.P (C) Nos.183 and 184 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 30[TH] DAY OF AUGUST 2022 / 8TH BHADRA, 1944 TR.P(C) NO. 183 OF 2022 ``` ## **`TO TRANSFER OP 1672/2021 OF FAMILY COURT, MAVELIKKARA PETITIONER/S:`** ``` BINI JOHNSON AGED 41 YEARS W/O JOHNSON, KONNETHARAYIL (H), POOZHIKKADU P.O, PANDALAM VILLAGE,ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689501 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR GEETHU KRISHNAN HARSHA SUSAN SAM ``` ## **`RESPONDENT/S:`** ``` JOHNSON T AGED 46 YEARS S/O THANKACHEN, THOPPIL HOUSE, ERAMATHOOR P.O.,THRIPPERUMTHURA VILLAGE, MAVELIKARA TALUK, ALAPUZHA DISTRICT , PIN - 689622 ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH TRPC 184/2022 ON 30.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Tr.P (C) Nos.183 and 184 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 30[TH] DAY OF AUGUST 2022 / 8TH BHADRA, 1944 TR.P(C) NO. 184 OF 2022 ``` ## **`TO TRANSFER OPDIV 1669/2021 OF FAMILY COURT, MAVELIKKARA PETITIONER/S:`** ``` BINI JOHNSON AGED 41 YEARS W/O JOHNSON, KONNETHARAYIL (H), POOZHIKKADU P.O, PANDALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689501 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR GEETHU KRISHNAN HARSHA SUSAN SAM ``` ## **`RESPONDENT/S:`** ``` JOHNSON T AGED 46 YEARS S/O THANKACHEN, THOPPIL HOUSE, ERAMATHOOR P.O.,THRIPPERUMTHURA VILLAGE, MAVELIKARA TALUK, ALAPUZHA DISTRICT, PIN - 689622 ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH TRPC 183/2022 ON 30.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 Tr.P (C) Nos.183 and 184 of 2022 ## **C.S DIAS,J.** **---------------------------** ## **Tr.P (C) Nos.183 and 184 of 2022 ----------------------------Dated this the 30[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 (Div) No.1669/2021 (Annexure A1) and OP No.1672/2021 (Annexure A2) from the Family Court, Mavelikkara, to the Family Court, Pathanamthitta. 3. The petitioner’s case, in brief, in the memorandum of transfer petitions is that, she is the wife of the respondent. They have three daughters born in their wedlock, who are aged 19, 15 and 6 years, respectively. Due to the matrimonial cruelty that was meted out on the petitioner by the respondent, she was constrained to leave the matrimonial home along with three children. She is presently residing in her parental 4 Tr.P (C) Nos.183 and 184 of 2022 home at Pathanamthitta. Since the Family Court at Mavelikkara is a Court of competent jurisdiction, the petitioner was constrained to file Annexures A1 and A2, seeking a decree of divorce and a decree for return of patrimony and other ancillary reliefs. The petitioner and three children are residing at Adoor, which is within the jurisdiction of the Family Court, Pathanamthitta. The petitioner has now filed MC No.239/2021 (Annexure A3) before the said Court, seeking an order of maintenance. The respondent is contesting Annexure A3 before the Family Court, Pathanamthitta. Therefore, no inconvenience would be caused to the respondent, if Annexures A1 and A2 are transferred to the Family Court, Pathanamthitta. Hence, the transfer petition. 4. Heard; Sri.Manu Ramachandran, the learned counsel appearing for the petitioner/wife. Even though notice has been served on the respondent, there is no appearance for him. 5 Tr.P (C) Nos.183 and 184 of 2022 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 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 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 three children are residing within the jurisdiction of the Family Court, Pathanamthitta and 6 Tr.P (C) Nos.183 and 184 of 2022 Annexure A3 is already pending 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 Annexures A1 and A2, 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.183/2022 is allowed by ordering transfer of O.P No. 1672/2021 from the Family Court, Mavelikkara to the Family Court, Pathanamthitta. (ii) Tr.P(C) No.184/2022 is allowed by ordering transfer of O.P (Div) No.1669/2021 from the Family Court, Mavelikkara to the Family Court, Pathanamthitta. (iii) The parties would be at liberty to move the Family Court, Pathanamthitta and seek for 7 Tr.P (C) Nos.183 and 184 of 2022 consolidation and joint trial of all the cases between them. (iv) The Registry shall forward a copy of the common order to the Family Court, Mavelikkara with instructions to forthwith transmit the records in Annexures A1 and A2 to the Family Court, Pathanamthitta. (v) The Family Court, Pathanamthitta, shall, immediately on the receipt of the records in the above cases, post the cases along with Annexure A3. sd/- Sks/30.8.2022 **C.S.DIAS, JUDGE** 8 Tr.P (C) Nos.183 and 184 of 2022 ## **`APPENDIX OF TR.P(C) 183/2022`** ``` PETITIONER ANNEXURES Annexure A1THE TRUE COPY OF THE O.P(DIV) NO. 1669/2021 FILED BEFORE THE FAMILY COURT, MAVELIKARA BY THE PETITIONER WIFE SEEKING DIVORCE Annexure A2THE TRUE COPY OF THE O.P NO. 1672/2021 FILED BEFORE FAMILY COURT, MAVELIKARA BY THE PETITIONER WIFE FOR THE REALIZATION OF PATRIMONY, DECLARATION OF RIGHT, GOLD AND DAMAGES ``` ``` Annexure A3THE TRUE COPY OF M.C NO.239/2021 ON THE FILES OF FAMILY COURT, PATHANAMTHITA FOR MAINTENANCE OF THE PETITIONER AND HER TWO MINOR CHILDREN ``` 9 Tr.P (C) Nos.183 and 184 of 2022 ## **`APPENDIX OF TR.P(C) 184/2022`** ``` PETITIONER ANNEXURES Annexure A1THE TRUE COPY OF THE O.P(DIV) NO. 1669/2021 FILED BEFORE THE FAMILY COURT, MAVELIKARA BY THE PETITIONER WIFE SEEKING DIVORCE Annexure A2THE TRUE COPY OF THE O.P NO. 1672/2021 FILED BEFORE FAMILY COURT, MAVELIKARA BY THE PETITIONER WIFE FOR THE REALIZATION OF PATRIMONY, DECLARATION OF RIGHT, GOLD AND DAMAGES ``` ``` Annexure A3THE TRUE COPY OF M.C NO.239/2021 ON THE FILES OF FAMILY COURT, PATHANAMTHITA FOR MAINTENANCE OF THE PETITIONER AND HER TWO MINOR CHILDREN ```