Sobhanraj vs Authorized Officer, Chief Manager, Karnataka Bank Ltd

C.S.Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P. No.1912/2021 (Annexure A) from the Family Court, Attingal to the Family Court, Mavelikkara.

The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. She is in her advanced stage of pregnancy and has been advised complete bed rest and is not in a position to undertake long journeys. In the meantime, the respondent has filed Annexure A, seeking a decree of divorce. The respondent is employed abroad. There is no person to chaperone the petitioner from Kayamkulam to Attingal to contest Annexure A. Hence the transfer petition.

Heard; Sri.Rinny Stephen, the learned counsel appearing for the petitioner and Sri. Govind G Nair, 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, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, especially the fact that the petitioner was then in an advanced stage of pregnancy and has recently delivered a baby and that the respondent is employed abroad, 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 A from the Family Court, Attingal to the Family Court, Mavelikkara.

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

(i) O.P No.1912/2021 is transferred from the Family Court, Attingal to the Family Court, Mavelikkara.

(ii) The Registry shall forward a copy of this order to the Family Court, Attingal with instructions to forthwith transmit the records in Annexure A to the Family Court, Mavelikkara.

(iii) The Family Court, Mavelikkara shall, immediately on the receipt of the records in Annexure A, issue notice to the parties for their appearance.