Preethi Daniel vs Titty Mathew Thomas

C.S Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.1189/2020 (Annexure A1) from the Family Court, Ettumannur to the Family Court, Ernakulam.

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 petitioner has filed already O.P. No.719/2015 (Annexure-A2) before the Family Court, Ernakulam, against the respondent seeking a decree for return of money and gold ornaments. The respondent has now filed Annexure-A1 before the Family Court, Ettumannur, seeking a decree of divorce. The respondent has all throughout been contesting O.P. No.719/2015 before the Family Court, Ernakulam. Therefore, no prejudice will be caused to him in the transfer petition being allowed. Hence the transfer petition.

Heard; Sri.Johnson Abraham, the learned counsel appearing for the petitioner and Sri.P.I.Georgekutty, 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] and Santhini V. Vijaya Venkatesh [2017 (5) KHC 48]. 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 and uncontroverted pleadings and materials on record, particularly the fact that Annexure-A2 proceeding is pending before the Family Court, Ernakulam, 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 to the Family Court, Ernakulam, so that the cases between the parties 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 by ordering the transfer of O.P No.1189/2020 from the Family Court, Ettumannur to the Family Court, Ernakulam. The parties would be at liberty to move the Family Court, Ernakulam, for consolidation and joint trial of all the cases between them. The Registry shall forward a copy of this order to the Family Court, Ettumannur with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Ernakulam. The Family Court, Ernakulam shall, immediately on the receipt of the records in Annexure-A1, post the case along with Annexure-A2.