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High Court of KeralaSingle JudgeAllowed

TR.P(C) Nos. 580 of 2022 & 581 of 2022

Case / Petition Number:TR.P(C) NO. 580 OF 2022; TR.P(C) NO. 581 OF 2022
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Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C. S. Dias
Judgment Date
2022-11-03
Court Decision / Holding
The petitions are allowed. OP 838/2022 and OP 832/2022 are transferred from the Family Court, Mavelikkara to the Family Court, Thiruvalla. The parties may seek consolidation and joint trial. The Registry shall transmit records to Thiruvalla; the Thiruvalla court shall issue notices to the parties.
Final Disposition
Allowed

Parties to the Case

Appellants / Petitioners

  • Teena Maria Philip

Respondents

  • Benu Varghese

Legal Representation & Advocates

Counsels for Petitioners

  • • V. A. Vinod

Counsels for Respondents

  • • Jacob P. Alex
  • • Joseph P. Alex
  • • Manu Sankar P.
  • • Amal Amir Ali

Case Synopsis & Summary

This is a common order in two transfer petitions (TR.P(C) Nos. 580/2022 and 581/2022) before the High Court of Kerala, Ernakulam, authored by Justice C.S. Dias. The petitions, filed by Teena Maria Philip, wife of the respondent, seek transfer of O.P. Nos. 838/2022 and 832/2022 from the Family Court, Mavelikkara, to the Family Court, Thiruvalla, for declaration of title and divorce respectively, so that they can be consolidated and heard together. The parties have a 4½-year-old son, and the wife resides at Pakkil, Kottayam District. The wife had earlier approached the Judicial First Class Magistrate Court, Changanassery, under the Protection of Women from Domestic Violence Act, resulting in an interim maintenance order against the respondent. The petition argues convenience to the wife and child, and the possibility of consolidated, efficient disposal in Thiruvalla. The respondent’s counsel contends that transfer principles should reflect the convenience of the parties, noting the equidistance between Ettumanoor and Thiruvalla and the proximity of MC 98/2021 (Changanassery) to Thiruvalla. The Court relies on Supreme Court precedents that emphasize the convenience of the wife and child in matrimonial transfers and invokes Section 24 of the CPC to transfer the cases to Thiruvalla for consolidation, directing records transfer and notices. The order is dated 3 November 2022.

Provisions of Law Cited

Section 24 of the Code of Civil ProcedureProtection of Women from Domestic Violence Act, 2005 (PWDVA)

Legal Doctrines & Maxims

  • Resintegra doctrine (the law is no longer resintegra)
  • Convenience of the wife and child as the dispositive principle in transfer of matrimonial disputes

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner-wife seeks transfer of OP 838/2022 and OP 832/2022 from the Family Court, Mavelikkara, to the Family Court, Thiruvalla, contending that she and her 4½-year-old son reside at Pakkil, Kottayam District. She had already filed MC No. 98/2021 before the JFC, Changanassery, and an interim maintenance order under the Protection of Women from Domestic Violence Act has been issued against the respondent. Consolidation of the two matters at Thiruvalla would reduce travel and avoid conflicting decisions.

Contentions of Respondents

Counsel for the respondent contends that transfer of matrimonial proceedings must be grounded in the convenience of the parties and children. The distance between Ettumanoor and Thiruvalla is effectively equidistant for the wife, and MC 98/2021 is at Changanassery near Thiruvalla; transferring to Thiruvalla would be convenient and consistent with prior proceedings.

Cited Precedents (5)

Case NameCitationTreatmentExplanation
Sumitha Sing v. Kumar Sanjay and another2002 KHC 1889PositiveCited as authority for the principle that convenience of the wife and children governs transfer of matrimonial proceedings.
Mona Aresh Goel v. Aresh Satya Goel2000 KHC 1835PositiveCited in support of the transfer principle in matrimonial disputes.
Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap2016 KHC 6489PositiveCited for the convenience principle in transfer orders.
Santhini v. Vijaya Venkatesh2017 (5) KHC 48PositiveCited for the approach that serves the welfare of the wife and children.
Aiswarya N.C.V. v. A.S. Saravana Karthik Sha2022 (5) KHC 185(SC)PositiveSC decision cited to underscore convenience principle.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 3[RD] DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944 TR.P(C) NO. 580 OF 2022 OP 838/2022 OF FAMILY COURT, MAVELIKKARA ``` ## **`PETITIONER/RESPONDENT:`** ``` TEENA MARIA PHILIP AGED 37 YEARS D/O PYLY, THOTTATHIL HOUSE, PHILIPS COTTAGE, PAKKIL P.O, KOTTAYAM TALUK, KOTTAYAM, PIN - 686012 BY ADV V.A.VINOD ``` ## **`RESPONDENT/PETITIONER:`** ``` BENU VARGHESE AGED 40 YEARS S/O GEORGE VARGHESE, CHIRAPPURATH HOUSE, KEEZHCHERIMEL, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPUZHA, PIN - 689121 BY ADVS. JACOB P. ALEX JOSEPH P.ALEX(K/1-C/2002) MANU SANKAR P.(K/000823/2018) AMAL AMIR ALI(K/000773/2019) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2022 ALONG WITH TR.P(C)NO.581/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Tr.P (C) Nos. 580 & 581 of 2022 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 3[RD] DAY OF NOVEMBER 2022 / 12TH KARTHIKA, ``` ``` 1944 ``` ``` TR.P(C) NO. 581 OF 2022 ``` ``` OPDIV 832/2022 OF FAMILY COURT, MAVELIKKARA ``` ## **`PETITIONER/RESPONDENT:`** ``` TEENA MARIA PHILIP AGED 37 YEARS D/O PYLY, THOTTATHIL HOUSE, PHILIPS COTTAGE, PAKKIL P.O, KOTTAYAM TALUK, KOTTAYAM, PIN - 686012 BY ADV V.A.VINOD ``` ## **`RESPONDENT/PETITIONER:`** ``` BENU VARGHESE AGED 40 YEARS S/O GEORGE VARGHESE, CHIRAPPURATH HOUSE, KEEZHCHERIMEL, CHENGANNUR VILLAGE, CHENGANNUR TALUK, ALAPUZHA, PIN - 689121 BY ADVS. JACOB P. ALEX JOSEPH P.ALEX(K/1-C/2002) MANU SANKAR P.(K/000823/2018) AMAL AMIR ALI(K/000773/2019) ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2022 ALONG WITH TR.P(C)NO.580/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 Tr.P (C) Nos. 580 & 581 of 2022 ## **COMMON ORDER** As these transfer petitions are between the same parties, they are disposed of by this common order. 2. The transfer petitions are filed by the wife to transfer O.P.Nos.838/2022 and 832/2022 filed by the husband from the Family Court, Mavelikkara to the Family Court, Ettumanoor. 3. The common case of the petitioner, in the memorandum of transfer petitions is that, she is the wife of the respondent. They have a 4 ½ year old son born in their wedlock. The petitioner had filed M.C. No.98/2021 against the respondent before the Judicial First Class Magistrate Court, Changanassery, invoking the provisions of Protection of Women from Domestic Violence Act. An order of interim maintenance is already passed against the respondent. Now, the respondent has filed O.P. Nos.838/2022 and 832/2022 4 Tr.P (C) Nos. 580 & 581 of 2022 before the Family Court, Mavelikkara, for declaration of title and a decree for divorce, respectively. The petitioner and the child are residing in Pakkil in Kottayam District. The respondent is contesting M.C.No.98/2021 before the jurisdictional Magistrate. It would be difficult for the petitioner to travel from Pakkil to Mavelikkara to contest the above two cases. On the other hand, no difficulty would be caused to the respondent, if the cases are transferred to the Family Court, Ettumanoor. Hence, the transfer petitions. 4. Heard; Sri V.A Vinod, the learned counsel appearing for the petitioner- wife and Sri. Jacob P Alex, the learned counsel appearing for the respondent - husband. 5. Sri. Jacob P Alex submitted that the distance between the Family Court at Ettumanoor and the Family Court at Thiruvalla is equidistant for the wife. Moreover, she has filed M.C. No.98/2021 before the jurisdictional Magistrate at Chanaganassery, which is 5 Tr.P (C) Nos. 580 & 581 of 2022 closer to the Family Court, Thiruvalla. Thus, if the cases are transferred to the Family Court at Thiruvalla, it would be convenient for both parties. 6. 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 looked into, while ordering the transfer of a case from one Court to another. 7. In the light of the law laid down in the aforecited decisions, the uncontroverted pleadings and 6 Tr.P (C) Nos. 580 & 581 of 2022 materials on record, the totality of the facts and circumstances of the case, particularly the fact that the petitioner and the child are residing in Pakkil in Kottayam District and the petitioner already initiated M.C. No.98/2021 against the respondent before the jurisdictional Magistrate and the Family Court, Thiruvalla is convenient for both parties, 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.838/2022 and 832/2022 from the Family Court, Mavelikkara to the Family Court, Thiruvalla, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions. In the result, I allow the transfer petitions as follows:- (i) Tr.P.(C) No.580/2022 is allowed by ordering the transfer of O.P No.838/2022 from the Family Court, Mavelikkara to the Family Court, Thiruvalla. 7 Tr.P (C) Nos. 580 & 581 of 2022 (ii) Tr.P.(C) No.581/2022 is allowed by ordering the transfer of O.P No.832/2022 from the Family Court, Mavelikkara to the Family Court, Thiruvalla. (iii) The parties would be at liberty to move the Family Court, Thirvuvalla and seek for the consolidation and joint trial of all the cases between them. (iv) The Registry shall forward a copy of this order to the Family Court, Mavelikkara with instructions to forthwith transmit the records in O.P. Nos.838/2022 and 832/2022 to the Family Court, Thiruvalla (iv) The Family Court, Thiruvalla shall, immediately on the receipt of the records in above mentioned cases, issue notice to the parties for their appearance. Sd/- ## **C.S.DIAS, JUDGE** rmm/04/11/2022 8 Tr.P (C) Nos. 580 & 581 of 2022 ## **`APPENDIX OF TR.P(C) 580/2022`** ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE OP NO. 838/2022 PENDING BEFORE THE HON'BLE FAMILY COURT, MAVELIKKARA ``` 9 Tr.P (C) Nos. 580 & 581 of 2022 ## **`APPENDIX OF TR.P(C) 581/2022`** ``` PETITIONER ANNEXURES Annexure A1TRUE COPY OF THE OP (DIV) NO. 832/2022 PENDING BEFORE THE HON'BLE FAMILY COURT, MAVELIKKARA ```