Vinitha L vs Lal Mohan

C.S.Dias, J

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer OP(D) No.481/2021 (Annexure-A) from the Family Court, Ernakulam, to the Family Court, Alappuzha.

The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have two sons born in the wedlock. The marital relationship is strained. The petitioner and the children are residing in the petitioner’s parental home at Cherthala. There is no person to chaperone the petitioner from Cherthala to Ernakulam to contest Annexure-A. On a comparison of relative hardship, due preference and weightage has to be given to the petitioner. Hence, the transfer petition.

Heard; Sri.S.Shanavas Khan, he 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 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 at Cherthala, 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 A from the Family Court Ernakulam.

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

(i) OP (D)No.481/2021 is transferred from the Family Court,Ernakulam to the Family Court, Alappuzha.

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

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