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High Court of KeralaSingle JudgeThe transfer petitions are allowed; O.P. No.113...

TR.P(C) NOS.686 & 689 of 2023 in OP No.113/2022 & OP(G&W) No.110/2022, Family Court, Tirur, High Court of Kerala

Case / Petition Number:Tr.P.(C).NOS.686 & 689 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • C. Jayachandran
Judgment Date
2023-11-08
Court Decision / Holding
Transfer petitions allowed. The two original petitions (O.P. No.113/2022 and O.P.(G&W) No.110/2022) pending before the Family Court, Tirur, are directed to be transferred to the Family Court, Malappuram. The transferor Court shall transmit all records to the transferee Court forthwith. The Transferee Court shall take up O.P.(G&W) No.110/2022 and dispose of the same, either with the connected petitions or individually, within three months from the date of receipt of a copy of this judgment.
Final Disposition
The transfer petitions are allowed; O.P. No.113/2022 and O.P.(G&W) No.110/2022 are transferred from the Family Court, Tirur to the Family Court, Malappuram. Records to be transmitted. The transferee court shall dispose of O.P.(G&W) No.110/2022 within three months from receipt of the judgment, either with connected petitions or separately.

Parties to the Case

Appellants / Petitioners

  • Keerthi Rajan
  • Devarajan Chalappurath
  • Sujatha

Respondents

  • Sudheesh P
  • Gopalakrishnan Nair
  • Kamalam

Legal Representation & Advocates

Counsels for Petitioners

  • • T.K.Ajith Kumar
  • • HarithA Haridas

Counsels for Respondents

  • • Mini M.R.

Case Synopsis & Summary

These Transfer Petitions (Civil) Nos.686 and 689 of 2023 arise from matrimonial and guardianship petitions pending before the Family Court, Tirur. The petitions seek transfer of OP 113/2022 (a matrimonial petition) and OP(G&W) 110/2022 (a welfare/guardianship petition) to the Family Court at Malappuram on the ground that the wife, Keerthi Rajan, resides within Malappuram, making Malappuram a more convenient forum. The respondents did not oppose the petitions, though they requested expeditious disposal of OP(G&W) 110/2022. The court cites Sumita Singh v. Kumar Sanjay & another (2001) 10 SCC 41, noting that convenience of the wife is a relevant factor in fixing the forum in matrimonial disputes. On this basis, the court allows the transfers, directing the transferor Tirur court to transmit the records to the Malappuram Family Court. The transferee court is directed to take up OP(G&W) 110/2022 and dispose of it either with the connected petitions or separately, within three months from receipt of a copy of the judgment. The decision underscores forum convenience and aims at prompt resolution of proceedings consistent with statutory and judicial expectations in matrimonial matters.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that Keerthi Rajan, the wife, resides within Malappuram district, within the territorial limits of the Malappuram Family Court, thereby making Malappuram the convenient forum for pursuing the petitions. They rely on Sumita Singh v. Kumar Sanjay & another (2001) 10 SCC 41 to support the principle that forum convenience for matrimonial disputes is a relevant consideration. They argue that transferring OP 113/2022 and OP(G&W) 110/2022 would reduce travel, save time, and enable fuller participation of the wife, while Malappuram has the requisite infrastructure to adjudicate the matters. They highlight that the respondent did not oppose the transfer and request expedition of OP(G&W) 110/2022, and urge the Court to uphold the interests of justice by selecting the most accessible forum and ensuring timely disposal.

Contentions of Respondents

The respondents did not oppose the transfer petitions; they stated no opposition and requested expeditious disposal of OP(G&W) 110/2022. They did not advance counter-arguments against transferring the cases, beyond seeking a swift resolution of the connected petition, and left the question of forum convenience largely to the court’s discretion in light of the wife’s residence and convenience.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Sumita Singh v. Kumar Sanjay & another(2001) 10 SCC 41PositiveCited as authority supporting that the convenience of the wife is a factor in forum selection for matrimonial disputes and should be considered by the court.

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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. JAYACHANDRAN`** ``` WEDNESDAY, THE 8[TH] DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945 ``` ## **`TR.P(C) NO. 686 OF 2023`** ``` IN OP NO.113/2022 OF FAMILY COURT, TIRUR ``` ## **`PETITIONER/RESPONDENT:`** ``` KEERTHI RAJAN AGED 34 YEARS, D/O DEVARAJAN, DEVASUDHA HOUSE, 22 MILE, MANJERI PO, ERANAD TALUK, MALAPPURAM DT., PIN – 676121. ``` ``` BY ADVS. T.K.AJITH KUMAR HARITHA HARIDAS ``` ## **`RESPONDENT/PETITIONER:`** ``` SUDHEESH P AGED 41 YEARS, S/O GOPALAKRISHNAN NAIR, PADINJATTI HOUSE, THEKKANKUTTUR P.O, TIRUR TALUK, MALAPPURAM DT., PIN – 676551. ``` ``` BY ADV MINI M.R. ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2023, ALONG WITH Tr.P(C).689/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` Tr.P.(C).NOS.686 & 689 of 2023 ``` ``` ..2.. ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN ``` ``` WEDNESDAY, THE 8[TH] DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945 TR.P(C) NO. 689 OF 2023 ``` ``` IN OP(G&W) NO.110/2022 OF FAMILY COURT, TIRUR ``` ``` PETITIONERS / RESPONDENTS: 1KEERTHI RAJAN AGED 34 YEARS, D/O DEVARAJAN, DEVASUDHA HOUSE, 22 MILE, MANJERI PO, ERANAD TALUK, MALAPPURAM DT., PIN – 676121. 2DEVARAJAN CHALAPPURATH AGED 62 YEARS, S/O K.RAMANUNNI NAIR, DEVASUDHA HOUSE, 22 MILE, MANJERI P.O., ERANAD TALUK, MALAPPURAM DT., PIN – 676121. 3SUJATHA AGED 58 YEARS, W/O DEVARAJAN, DEVASUDHA HOUSE, 22 MILE, MANJERI PO, ERANAD TALUK, MALAPPURAM DT., PIN – 676121. BY ADVS. T.K.AJITH KUMAR HARITHA HARIDAS ``` ## **`RESPONDENTS/PETITIONERS:`** ``` 1SUDHEESH P AGED 41 YEARS, S/O GOPALAKRISHNAN NAIR, PADINJATTI HOUSE, THEKKANKUTTUR P.O, TIRUR TALUK, MALAPPURAM DT., PIN – 676551. 2GOPALAKRISHNAN NAIR S/O KARAPPUNNI NAIR, PADINJATTI HOUSE, THEKKANKUTTUR P.O, TIRUR TALUK, MALAPPURAM DT., PIN – 676551. 3KAMALAM W/O GOPALAKRISHNAN NAIR, PADINJATTI HOUSE, THEKKANKUTTUR P.O, TIRUR TALUK, MALAPPURAM DT., PIN – 676551. ``` ``` BY ADV MINI M.R. ``` ``` THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2023, ALONG WITH Tr.P(C).686/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` Tr.P.(C).NOS.686 & 689 of 2023 ``` **==> picture [37 x 9] intentionally omitted <==** ## **`O R D E R`** ``` Dated this the 08[th] day of November, 2023 ``` ``` The above transfer petitions are filed seeking transfer of O.P. No.113/2022 and O.P. (G&W) No.110/2022 respectively, both pending before the Family Court, Tirur to the Family Court, Malappuram. In both these cases, transfer is sought for on the premise that the petitioner/wife is residing within the limits of the Family Court, Malappuram, and therefore convenient for her to conduct cases in that court. ``` ``` 2.Although these applications are not opposed by the learned counsel for the respondents, request was made for expeditious disposal of O.P.(G&W) ``` ## **`Tr.P.(C).NOS.686 & 689 of 2023`** **==> picture [37 x 9] intentionally omitted <==** ``` No.110/2022,forthereasonthatthe respondent/husband is not permitted to see the child. ``` ``` 3.In view of the authoritative pronouncement of the Hon'ble Supreme Court in Sumita Singhv. Kumar Sanjay & another[(2001) 10 SCC 41], the convenience of the wife is certainly a matter to be taken into consideration while fixing the forum in respect of matrimonial disputes. ``` ``` 4.In the circumstances, these Transfer Petitions are allowed directing transfer of the two original petitions afore referred, pending before the Family Court, Tirur, to the Family Court, Malappuram. The transferor Court shall transmit all the records to the transferee Court, forthwith. It is also directed that the Transferee court shall take up O.P.(G&W) ``` ``` Tr.P.(C).NOS.686 & 689 of 2023 ``` **==> picture [37 x 9] intentionally omitted <==** ``` No.110/2022 and shall dispose of the same, either along with the connected original petitions or individually, within a period of three months from the date of receipt of a copy of this judgment. ``` ``` Sd/- ``` ``` C. JAYACHANDRAN JUDGE ``` ``` Skk//09.11.2023 ``` ``` Tr.P.(C).NOS.686 & 689 of 2023 ``` ``` ..6.. ``` ## **`APPENDIX OF TR.P(C) 686/2023`** ## **`PETITIONER’S ANNEXURES:-`** ``` ANNEXURE 1TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION IN O.P. 113 OF 2022 ON THE FILE OF FAMILY COURT, TIRUR DATED 03.02.2022. ANNEXURE 2TRUE COPY OF THE COUNTER STATEMENT DATED 28.2.2023. ``` ``` Tr.P.(C).NOS.686 & 689 of 2023 ``` ``` ..7.. ``` ## **`APPENDIX OF TR.P(C) NO.686/2023`** ## **`PETITIONERS’ ANNEXURES:-`** ``` ANNEXURE 1TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION IN O.P. 113 OF 2022 ON THE FILE OF FAMILY COURT, TIRUR DATED 03.02.2022. ANNEXURE 2TRUE COPY OF THE COUNTER STATEMENT DATED 28.2.2023. ``` ``` Tr.P.(C).NOS.686 & 689 of 2023 ``` ``` ..8.. ``` ## **`APPENDIX OF TR.P(C) 689/2023`** ## **`PETITIONER ANNEXURES:-`** ``` ANNEXURE 1TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION IN O.P.(G&W)110 OF 2022 ON THE FILE OF FAMILY COURT, TIRUR DATED 02.02.2022 ANNEXURE 2TRUE COPY OF THE COUNTER STATEMENT DATED 28.2.2023. ```