Anju A L vs Nithin S

C.S.Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.553/2022 (Annexure-1) from the Family Court, Thiruvananthapuram to the Family Court, Attingal.

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 the petitioner by the respondent, she was constrained to leave the matrimonial home. She is residing in her parental home. The respondent has willfully refused to maintain the petitioner. Hence, the petitioner has filed M.C No.50/2022 and O.P.No.1795/2021 against the respondent, before the Family Court, Attingal, seeking an order of maintenance and a decree for return of patrimony and other ancillary reliefs. As a counter-blast to the above proceedings, the respondent has filed Annexure-1. The petitioner is residing with her old and infirm parents at Attingal. The respondent is contesting M.C No.50/2022 and O.P.No.1795/2021 before the Family Court, Attingal. Therefore, no inconvenience would be caused to the respondent, if Annexure-1 is transferred to the Family Court, Attingal. Hence the transfer petition.

Heard; Sri.V.A.Vinod, 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], Santhini V. Vijaya Venkatesh [2017 (5) KHC 48] and N.C.V Aishwarya v. 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.

In the light of the law laid down  in the afore-cited decisions, the uncontroverted pleadings and materials on record and in the totality of the facts and circumstances of the case, particularly the fact M.C.No.50/2022 and O.P.No.1795/2021 are pending before the Family Court, Attingal, 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-1 to the Family Court, Attingal, 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 petition as follows:-

(i) O.P No.553/2022 is transferred from the Family Court, Thiruvananthapuram to the Family Court, Attingal.

(ii) The parties would be at liberty to move the Family Court, Attingal, to 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, Thiruvananthapuram, with instructions to forthwith transmit the records in Annexure- 1 to the Family Court, Attingal.

(iv) The Family Court, Attingal shall, immediately on receipt of the records in Annexure-1, call the case along with MC 50/2022 and O.P.1795/2021.