Soumya U vs Shyam Babu T.A.

C.S Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.2044/2020 (Annexure A1) from the Family Court, Ernakulam to the Family Court, Chavara.

The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have a minor son born in their wedlock. Due to the matrimonial cruelty and the willful refusal of the respondent to maintain the petitioner and the child, she has filed MC 136/2020 before the Family Court, Chavara, seeking an order of maintenance. Earlier, the respondent had filed O.P. 869/2020 before the Family Court, Ernakulam. On the request made by the petitioner, this Court by Annexure-A2 judgment had transferred O.P.869/2020 from the Family Court, Ernakulam to the Family Court, Chavara. Thereafter, the respondent has now filed Annexure-A1 before the Family Court, Ernaulam. In view of the pendency of M.C. 136/2020 and the order passed by this Court in Annexure-A2, Annexure-A1 may also be transferred to the Family Court, Chavara. Since the respondent is already appearing before the Family Court, Chavara, no hardship will be caused to him in ordering the transfer of Annexure-A1. Hence the transfer petition.

Heard; Sri.M.R.Sarin Panicker, the learned counsel appearing for the petitioner and Smt.P.F.Rosy, 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 and in the totality of the facts and circumstances of the case, particularly the fact that this Court had already passed Annexure-A2 ordering the transfer of O.P.869/2020 to the Family Court, Chavara, 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, Chavara, 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.2044/2020 from the Family Court, Ernakulam to the Family Court, Chavara. The parties would be at liberty to seek for consolidation and joint trial of all the cases between them. 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, Chavara. The Family Court, Chavara shall, immediately on the receipt of the records in Annexure-A1, call the case along with MC 136/2020.