Maria Babu vs Jerrin James

C.S Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.3071/2021 (Annexure-1) from the Family Court, Ernakulam to the Family Court, Muvattupuzha.

The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have a son born in their wedlock. The respondent is presently employed abroad. The respondent has filed OP Nos. 2330/2021 before the Family Court, Ernakulam, seeking custody of the child. The petitioner has filed OP No.882/2021 and MC No.121/2021, before the the Family Court, Muvattupuzha, against the respondent. This Court by Annexure 2 has already ordered the transfer of 2330/2021 from the Family Court, Ernakulam, to the Family Court, Muvattupuzha. Hence, Annexure 1 may also be ordered to be transferred. Hence, the transfer petition.

Heard; Sri.C.Dilip, the learned counsel appearing for the petitioner and Sri.Varghese K.Paul, 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 uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, especially the fact that this Court has already exercised its discretionary powers by ordering transfer of OP No.2330/2021 by Annexure 2 judgment, and that all the other proceedings between the parties are pending before the Family Court, Muvattupuzha, I am inclined to allow the transfer petition and order the  transfer of Annexure-1, so that the cases can be consolidated and jointly tried, which would  avoid  conflict  of  decisions and  save  precious judicial time.

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

(i) O.P No. 3071/2021 is transferred from the Family Court, Ernakulam to the Family Court, Muvattupuzha.

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

(iv) The Family Court, Muvattupuzha, shall, immediately on the receipt of the records in Annexure-1, post the case along with MC No.121/2021 and OP 882/2021.