Sherin Abraham vs Thomas Philip

C.S Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (DA)No.1249/2022 (Annexure-A1) from the Family Court, Ernakulam to the Family Court, Ettumanoor.

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 was constrained to leave the matrimonial home. The respondent has filed Annexure A1, against the petitioner, for a decree of divorce. The petitioner has filed OP No.971/2022 before the Family Court, Ettumanoor, against the respondent. There is no person to chaperone the petitioner from Pariyaram to Ernakulam to contest Annexure A1. Hence, the transfer petition.

Heard; Sri.Dennis Varghese, the learned counsel appearing for the petitioner and Sri.R.O.Muhamed Shemeem, 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, particularly the fact that the petitioner is residing within the jurisidction of the Family Court, Ettumanoor and OP No.971/2022 is pending 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-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) O.P No. 1249/2022 is transferred from the Family Court, Ernakulam to the Family Court, Ettumanoor.

(ii) The parties would be at liberty to move the Family Court, Ettumanoor 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-A1 to the Family Court, Ettumanoor.

(iv) The Family Court, Ettumanoor, shall, immediately on the receipt of the records in Annexure-A1, post the case along with OP No.971/2022 on 28.10.2022.