Aswathy P G vs Vijesh V

C.S Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer OP No.34/2021 (Annexure-A1) from the Family Court, Kozhikode to the Family Court, Ettumanoor.

The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. The marital relationship is strained. The respondent has committed domestic violence on the petitioner. The petitioner has filed MC No.10/2021 (Annexure -A2) before the Judicial First Class Magistrate Court, Pala, against the respondent, invoking the provisions of the Protection of Women from Domestic Violence Act, 2005. There is no person to chaperone the petitioner from Pala to Kozhikode to contest Annexure A1. Hence, the transfer petition.

Heard; Sri.Georgekutty Puthanangady, the learned counsel appearing for the petitioner and Sri.Bonny Benny, 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 the petitioner is a young lady and she has already filed MC No.10/2021 before the jurisdictional Magistrate at Pala, and the respondent is contesting the proceeding before the said Court, I am inclined to exercise the discretionary powers of this Court under Sec.24 of the Code of Civil Procedure and order the transfer of Annexure-A1 to the Family Court, Ettumanoor.

In the result, I allow the transfer petition as follows:

(i) OP No.34/2021 is transferred from the Family Court, Kozhikde, to the Family Court, Ettumanoor.

(ii) The Registry shall forward a copy of this order to the Family Court, Kozhikode, with instructions to forthwith transmit the records in Annexure-A1 to the Family Court, Ettumanoor.

(iii) The Family Court, Ettumanoor shall, immediately on receipt of the records in Annexure-A1, issue notice to the parties for their appearance.