Kerala High Court
Lysa S vs Shine A M on 29 March, 2023
Author: C.S.Dias
Bench: C.S.Dias
THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
TR.P(C) NO. 38 OF 2023
OP 1909/2022 OF FAMILY COURT, ATTINGAL
PETITIONER/RESPONDENT:
LYSA S
AGED 41 YEARS
D/O SAINUDHEEN, PALAVILA PUTHEN VEEDU,
NEDUMPANA VILLAGE, KOLLAM DISTRICT, PIN - 691576
BY ADVS.
M.R.SASITH
BHAVANA K.K
RESPONDENT/PETITIONER:
SHINE A M
AGED 49 YEARS
S/O ABDUL MAJEED, SHINE NIVAS, MADAVOOR VILLAGE,
VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 695604
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.03.2023, ALONG WITH Tr.P(C).800/2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
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Tr.P (C) Nos. 800 of 2022 & 38 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
TR.P(C) NO. 800 OF 2022
OP(G&W) 1824/2022 OF FAMILY COURT, ATTINGAL
PETITIONER/RESPONDENT:
LIESA .S
AGED 41 YEARS
D/O SAINUDHEEN, PALAVILA PUTHEN VEEDU, NEDUMPANA
VILLAGE, KOLLAM DISTRICT, PIN - 691576
BY ADV M.R.SASITH
RESPONDENT/PETITIONER:
SHINE A M
AGED 49 YEARS
S/O ABDUL MAJEED, SHINE NIVAS, MADAVOOR VILLAGE,
VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 695604
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.03.2023, ALONG WITH Tr.P(C).38/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
Tr.P (C) Nos. 800 of 2022 & 38 of 2023
COMMON ORDER
As the transfer petitions are between the same parties, they are being disposed of by this common order.
2. The petitioner-wife has filed the transfer petitions to transfer O.P.(G/W)No.1824/2022 & O.P. No.1909/2022 from the Family Court, Attingal to the Family Court, Kollam.
3. The petitioner's case, is that, she is the wife of the respondent. They have three children born in their wedlock. The martial relationship is strained. The respondent has refused to maintain the petitioner and the children. The petitioner has filed M.C No.316/2022, O.P No.547/2022 and O.P No.562/2022 before the Family Court, Kollam, against the respondent, seeking various reliefs. As a counterblast to the above proceedings, the respondent has filed O.P.(G/W)No.1824/2022 and O.P. No.1909/2022, before the Family Court, Attingal, against 4 Tr.P (C) Nos. 800 of 2022 & 38 of 2023 the petitioner. As the respondent is contesting M.C No.316/2022, O.P No.547/2022 and O.P. No.562/2022, before the Family Court, Kollam, no inconvenience would be caused to him, if the transfer petitions are being allowed. Hence, the transfer petitions.
4.Heard; Sasith M.R., the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.
5. 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 Aiswarya N.C.V. v. A.S. Saravana Karthik Sha [2022 (5) KHC 185(SC)]. The Hon'ble Supreme Court has held that it is the convenience of the 5 Tr.P (C) Nos. 800 of 2022 & 38 of 2023 woman and children that has to be looked into, while ordering the transfer of a case from one Court to another.
6. In the light of the law laid down in the afore- cited decisions, the pleadings and materials on record and the totality of the facts and circumstances of the case, particularly the fact that three cases are already pending between the parties, before the Family Court, Kollam and the petitioner and three children are residing within the jurisdiction of the Family Court, Kollam, 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 O.P. (G/W) No.1824/2022 and O.P. No.1909/2022, so that all 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 petitions as follows:-
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Tr.P (C) Nos. 800 of 2022 & 38 of 2023
(i) Tr.P.(C)No.800/2022 is allowed by ordering the transfer of O.P (G/W) No.1824/2022 from the Family Court, Attingal to the Family Court, Kollam.
(ii) Tr.P.(C)No.38/2023 is allowed by ordering the transfer of O.P.No.1909/2022 from the Family Court, Attingal to the Family Court, Kollam.
(iii) The parties would be at liberty to move the Family Court, Kollam and seek for the consolidation and joint trial of all the cases between them
(iv) The Registry shall forward a copy of this common order to the Family Court, Attingal with instructions to forthwith transmit the records in O.P.(G/W)Nos.1824/2022 & O.P. No.1909/2022 to the Family Court, Kollam
(v) ) The Family Court, Kollam shall, immediately on the receipt of the records in the above two cases, post the cases along with connected cases.
Sd /-
rmm/29/3/2023 C.S.DIAS, JUDGE 7 Tr.P (C) Nos. 800 of 2022 & 38 of 2023 APPENDIX OF TR.P(C) 800/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF I A NO 1/2022 IN OP (G/W).NO 1824/ THE HON'BLE FAMILY COURT AT ATTINGAL FILED BY THE RESPONDENT 8 Tr.P (C) Nos. 800 of 2022 & 38 of 2023 APPENDIX OF TR.P(C) 38/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF ORDER IN IA NO 1/2022 IN TRP(C) NO 800/2022 OF HON'BLE HIGH COURT Annexure A2 TRUE COPY OF NOTICE ISSUED BY THE FAMILY COURT ATTINGAL IN O.P NO 1909/2022 TO PETITIONER Annexure A3 TRUE COPY OF ORDER IN IA NO 1/2022 IN OP NO 1909/2022 OF FAMILY COURT ATTINGAL