Anli Xavier vs Deric C. Mathew

C.S Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.1096/2022 (Annexure-A2) from the Family Court, Kannur to the Family Court, Ernakulam.

The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. This Court, by Annexure-A1 order in Tr.P.(C) No.359/2021 has already ordered the transfer of O.P. No.396/2021 from the Family Court, Kannur, to the Family Court, Ernakulam. Therefore, Annexure-A2 may also be ordered to be transferred, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions. Hence the transfer petition.

Heard; Sri.M.S Mohammed Ansary,  the learned counsel appearing for the petitioner and Sri.Thomstine K.Augustine, the learned counsel appearing for the respondent.

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.

In the light of the law laid down in the afore-cited decisions, the pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that this Court, by Annexure-A1 order, has already exercised its discretionary powers by ordering the   transfer of a connected proceeding between the parties   from the Family Court, Kannur to the Family Court, Ernakulam, I  am inclined to allow this transfer petition also, so that all the cases between the parties 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) OP No.1096/2022 is transferred from the Family Court, Kannur, to the Family Court, Ernakulam.

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

(iii) The Registry shall forward a copy of this order to the Family Court, Kannur, with instructions to forthwith transmit the records in Annexure-A2 to the Family Court, Ernakulam.

(iv) The Family Court, Ernakulam, shall, immediately on receipt of the records in Annexure-A2, post the case along with the connected cases.