Mercy.J vs Rajesh

C.S.Dias, J

The transfer petition is filed under Section 24 of the Code of Civil Procedure,1908(in short, 'C.P.C.'), seeking to transfer O.P.No.677/2022 (Annexure-1), from the Family Court, Muvattupuzha to the Family Court, Kottarakkara.

The petitioner’s case in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. Their marital relationship is strained. They have two children born in their wedlock. The petitioner and the children are residing in Kollam. There is no person to chaperone them from Kollam to Muvattupuzha  to  contest  Annexure-1. Hence,  the transfer petition.

Heard; Smt.Sandrae Nelson, the learned counsel appearing for the petitioner and Sri. S. Jiji, 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 [(2001)10 SCC 41)], Mona Aresh Goel V. Aresh Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584], Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)], N.C.V. Aiswarya v. A.S. Sharavana Karthik Sha[2022(5) KHC 185] and Valsal Nisha v. Rajesh Soman Nair [2020(8) KLR 475]. 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, particularly the fact that the petitioner and the two children are residing within the jurisdiction of the Family Court, Kollam, I am inclined to exercise the discretionary powers of this Court under Section  24  of  the  C.P.C.  and  order  the  transfer  of Annexure-1.

In the result,

(i) The transfer petition is allowed, by ordering the transfer of O.P.No.677/20220 from the Family Court, Muvattupuzha, to the Family Court, Kottarakkara.

(ii) The Registry shall forthwith forward a copy of the order to the Family Court, Muvattupuzha with instructions to transmit the records in Annexure-1 to the Family Court, Kottarakkara.

(iii) The Family Court, Kottarakkara shall, immediately on receipt of the records in Annexure-1, issue notice to the parties for their appearance.