Sandhya.K.S vs Nishanth.P

C.S Dias, J.

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer OP No.1047/2020 (Annexure-A1) from the Family Court, Ettumanoor, 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. Due to the matrimonial cruelty that was meted out on the petitioner by the respondent, she has filed OP No.122/2021 (Annexure A2) and OP No.163/2021 (Annexure A3), against the respondent, before the Family Court, Ernakulam, seeking a decree for return of gold ornaments and other ancillary reliefs and a decree for maintenance. The respondent is contesting Annexures A2 and A3 before the Family Court, Ernakulam. Therefore, no inconvenience would be caused to the respondent in Annexure-A1 being transferred to the Family Court, Ernakulam. Hence, the transfer petition.

Heard; Sri.A.N Santhosh, 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 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, particularly the fact that the respondent is contesting Annexures A2 and A3 before the Family Court, Ernakulam, I am inclined to exercise the discretionary powers of this Court under Sec.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 avoid conflict of decisions and save precious judicial time.

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

(i) OP No.1047/2020 is transferred from the Family Court, Ettumanoor, to the Family Court, Ernakulam.

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

(iv) The Family Court, Ernakulam, shall, immediately  on  receipt of the records in Annexure-A1, post the case along with Annexures- A2 and A3.