Sherin Thomas vs Ditto Vazhakkattu Thomas

C.S Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (Div) No.751/2021 (Annexure 1) from the Family Court, Kattappana, to the Family Court, Pala.

The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have three children born in their wedlock. Due to the matrimonial cruelty meted out on her by the respondent, she and the children are residing in her parental home at Parathode. The respondent has now filed Annexure-I before the Family Court, Kattapana, seeking a decree of divorce. The children of the couple are studying in the school at Mundakayam. There is no person to chaperone the petitioner from Parathode to Kattapana to contest Annexure-I. The comparative hardship of the petitioner may be considered while ordering transfer. Hence, the transfer petition.

Heard; Sri.Liji J.Vadakedom, 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] 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 aforecited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that the petitioner and the children are residing within the territorial jurisdiction of the Family Court, Pala, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transer of Annexure-1.

In the result, I allow the transfer petition by ordering the transfer of O.P (Div) No.751/2021 from the Family Court, Kattappana, to the Family Court, Pala. The Registry shall forward a copy of this judgment to the Family Court, Kattappana with instructions to forthwith transmit the records in Annexure-1 to the Family Court, Pala. The Family Court, Pala, shall, immediately on receipt of the records in Annexure-1, issue notice to the parties for their appearance.