Nahitha vs Sreeghosh

C.S.Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P. No.867/2021 (Annexure 1) from the Family Court, Alappuzha to the Family Court, Thrissur.

The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have a four year old daughter born in their wedlock. The marital relationship is strained. The petitioner is suffering from Peripartum cardiomyopathy. The respondent has refused to maintain the petitioner and the child. She has filed M.C. No.230/2019 before the Family Court, Thrissur, seeking an order of maintenance for the petitioner and the child. The respondent is contesting the said proceeding before the said court. Thereafter, the respondent has filed Annexure 1. As the respondent is contesting M.C. No.230/2019 before the Family Court, Thrissur, no inconvenience would be caused to him, if Annexure 1 being transferred. Hence the transfer petition.

Heard; Sri. Saijo Hassan, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.

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 M.C No.230/2019 is pending before the Family Court, Thrissur, and the respondent is contesting the proceeding before the said court, 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 1, 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.867/2021 is transferred from the Family Court, Alappuzha to the Family Court, Thrissur.

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

(iv) The Family Court, Thrissur shall, immediately on the receipt of the records in Annexure1, post the case along with M.C. No.230/2019.