Haseena A. K vs Suhail M. K

C.S Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P. No.3017/2019 (Annexure A1) from the Family Court, Ernakulam to the Family Court, Vatakara.

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 refused to maintain the petitioner. The petitioner has filed M.C.No.43/2022 (Annexure A2) before the Family Court, Vatakara, against the respondent, seeking an order of maintenance. The respondent is contesting the proceeding before the said court. There is no person to chaperon the petitioner from Vatakara  to Ernakulam to contest Annexure A1. Hence, the transfer petition.

Heard; Sri.K.Mohanakannan, the learned counsel appearing for the petitioner and Sri. E.S. Muhammed Kabeer, 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 Annexure A2 is already pending before the Family Court, Ernakulam and the respondent is contesting the proceeding before the said court and that the petitioner is a young lady aged 29 years, 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, 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.3017/2019 is transferred from the Family Court, Ernakulam to the Family Court, Vatakara.

(ii) The parties would be at liberty to move the Family Court, Vatakara 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, Ernakulam with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Vatakara.

(iv) The Family Court, Vatakara, shall, immediately on the receipt of the records in Annexure A1, post the case along with Annexure A2.