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Judgment
10 paragraphs · 385 wordsC.S Dias, J
The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P. No.843/2022 (Annexure A1) from the Family Court, Mavelikkara 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. They are issueless. The martial relationship is strained. The petitioner is residing in her parental home at Ernakulam. There is no person to chaperon her from Ernakulam to Mavelikkara to contest Annexure A1. Hence the transfer petition.
Heard; Sri. Praisheel Prakasam, the learned counsel appearing for the petitioner and Sri.Ajeesh S Brite, 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 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.
In the light of the law laid down in the afore-cited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that the petitioner is a young lady and she is residing in her parental home at Ernakulam, 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 A1.
In the result, I allow the transfer petition as follows:-
(i) O.P No.843/2022 is transferred from the Family Court, Mavelikkara to the Family Court, Ernakulam.
(ii) The Registry shall forward a copy of this order to the Family Court, Mavelikkara with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Ernakulam.
(iii) The Family Court, Ernakulam shall, immediately on the receipt of the records in Annexure A1, issue notice to the parties for their appearance.