Aan Mary Ivan vs Shebin Baby @ Shebin Baby John

C.S Dias,J.

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (Div) 1762/2021 (Annexure I) from the Family Court, Mavelikkara to the Family Court, Pathanamthitta.

The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. Due to the matrimonial cruelty meted out on her by the respondent and his willful refusal to maintain her, she has filed OP No.1433/2021 (Annexure III) and MC No.9/2022 (Annexure IV), against the respondent, before the Family Court, Pathanamthitta, seeking a decree for return of patrimony and other ancillary reliefs and an order for maintenance, respectively. The respondent has now filed Annexure I, seeking a decree of divorce. The respondent has not sought for transfer of Annexures III and IV. Therefore, necessarily, he has to contest Annexures III and IV before the Family Court, Pathanamthitta. Hence, no inconvenience would be caused to him in the transfer of Annexure I to the Family Court, Pathanamthitta. Hence, the transfer petition.

Heard; Sri.Jacob P.Alex, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.

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] and Santhini V. Vijaya Venkatesh [2017 (5) KHC 48]. 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.

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, especially the fact that Annexures III and IV are pending consideration before the Family Court, Pathanamthitta, 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 Annexure I, 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 petition as follows:

(i) O.P(Div) No. 1762/2021 is transferred from the Family Court, Mavelikkara to the Family Court, Pathanamthitta.

(ii) The parties would be at liberty to move the Family Court, Pathanamthitta and seek for consolidation and joint trial of all the cases between them.

(iii) The Registry shall forward a copy of this order to the Family Court, Mavelikkara with instructions to forthwith transmit the records in Annexure I to the Family Court, Pathanamthitta.

(iv) The Family Court, Pathanamthitta shall, immediately on the receipt of the records in Annexure I, post the case along with Annexures III and IV.