Kerala High Court
Sindhu vs Baburajan on 7 July, 2022
Author: C.S.Dias
Bench: C.S.Dias
Tr.P.C Nos 378 and 381 of 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
TR.P(C) NO. 378 OF 2021
AGAINST OP(OTHERS) 193/2021 OF FAMILY COURT, KOTTARAKKARA
PETITIONER:
1 SINDHU S.R.
AGED 52 YEARS
D/O.SAROJINI AMMA, SINDHU BHAVAN, PAPPALA,
KILIMANOOR, PAZHAYAKUNNINMEL VILLAGE, CHIRAYINKEEZHY
TALUK, THIRUVANANTHAPURAM.
2 BABURAJ R.
AGED 54 YEARS,
PAPPALA, KILIMANOOR, PAZHAYAKUNNINMEL VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM.
BY ADVS.
L.MOHANAN
LIGEY ANTONY
RESPONDENT:
BABURAJAN
AGED 55 YEARS,
S/O.MADHAVAN PILLAI, MANIMANDIRAM, KOTTARA, MEEYANOOR
P.O., POOYAPPALLY VILLAGE, KOTTARAKKARA TALUK, KOLLAM
DIST. - 691 537.
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
A.R.DILEEP
P.J.JOE PAUL
MANU SRINATH
RAJAN G. GEORGE
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, ALONG WITH Tr.P(C).381/2021, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P.C Nos 378 and 381 of 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
TR.P(C) NO. 381 OF 2021
AGAINST OP(HMA) 145/2021 OF FAMILY COURT, KOTTARAKKARA
PETITIONERS:
SINDHU
AGED 52 YEARS
D/O.SAROJINI AMMA, SINDHU BHAVAN, PAPPALA,
KILIMANOOR,
PAZHAYAKUNNINMEL VILLAGE,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM.
BY ADVS.
L.MOHANAN
LIGEY ANTONY
RESPONDENT:
BABURAJAN
S/O MADHAVAN PILLAI,AGED 55 YEARS, MANIMANDIRAM,
KOTTARA, MEEYANOOR.P.O, POOYAPPALLY VILLAGE,
KOTTARKKARA TALUK,
KOLLAM DIST-691537.
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
A.R.DILEEP
P.J.JOE PAUL
MANU SRINATH
RAJAN G. GEORGE
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, ALONG WITH Tr.P(C).378/2021, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Tr.P.C Nos 378 and 381 of 2021
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COMMON ORDER
As the parties are same and these transfer petitions arise out of dispute arising out of a marriage they are being disposed of by this common order.
2. Tr.P.(C) No.378/2021 is filed by the wife and her brother seeking to transfer O.P. No.193/2021 from the Family Court, Kottarakara to the Family Court, Attingal. Tr.P.(C).No.381/2021 is filed by the wife seeking to transfer O.P.No.145/2021 from the Family Court,Kottarakara to the Family Court, Attingal. The parties are, for the sake of convenience, referred to as per their status in Tr.P. (C).378/2021, which is the more comprehensive transfer petition.
3. The petitioners in Tr.P.(C)No.378/2021 are the respondents in O.P. No.193/2021, which is filed by the respondent in the transfer petition. The case of the petitioners is that the 1st petitioner is the wife of the respondent. They have two children born in their wedlock. Tr.P.C Nos 378 and 381 of 2021 4 The marital relationship between the parties is irretrievably broken down. The 1 st petitioner has filed O.P. No.203/2021 against the respondent before the Family Court, Attingal, seeking a decree of divorce. The 1 st petitioner and her daughter have also filed O.P.204/2021, before the same court, against the respondent, inter alia, seeking a decree for recovery of patrimony and the maintenance of the child. They have also filed MC 52/2021 before the same court, against the respondent, seeking an order of maintenance. Thereafter, the respondent has filed O.P. 193/2021, against the petitioners - the wife and her brother - before the Family Court, Kottaraka, seeking a decree for recovery of money. The respondent has also filed O.P. 145/2021 against the 1 st petitioner before the same Court, seeking a decree for restitution of conjugal rights. The respondent is contesting O.P Nos.203/2021, 204/2021 and MC. 52/2021 before the Family Court, Attingal. Therefore,no inconvenience would be caused to the respondent if O.P. Nos.193/2021 and 145/2021 are Tr.P.C Nos 378 and 381 of 2021 5 transferred to the Family Court, Attingal. Hence the transfer petitions.
4. Heard; Sri.L.Mohanan, the learned counsel appearing for the petitioners and Sri.A.R.Dileep, the learned counsel appearing for the respondent.
5. Undisputedly, the 1st petitioner has already filed O.P. 203/2021 and the 1st petitioner and her daughter have filed O.P.204/2021 and M.C.52/2021 all before the Family Court, Attingal. The respondent is contesting all the above proceedings before the said Court. He has not sought for the transfer of the above three cases to any other court. Therefore, to avoid conflict of decisions and to save precious judicial time, interest of justice warrants that O.P. Nos.193/2021 and 145/2021 be transferred to the Family Court, Attingal, so that the cases can be consolidated and jointly tried.
6. 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 Tr.P.C Nos 378 and 381 of 2021 6 Supreme Court in Sumitha Singh 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.
7. 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, especially the fact that the three cases filed by the wife and the daughter are already pending before the Family Court, Attingal, 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. Nos.193/2021 and 145/2021 from the Family Court, Kottarakara to the Family Court, Attingal so that all the cases can be consolidated and jointly tried, which in turn Tr.P.C Nos 378 and 381 of 2021 7 would save precious judicial time and avoid conflict of decisions.
In the result, the transfer petitions are allowed as follows:
(i) Tr.P.C No.378/2021 is allowed by ordering the transfer of O.P.No.193/2021 from the Family Court,Kottarakara to the Family Court, Attingal.
(ii) Tr.P.C. No.381/2021 is allowed by ordering the transfer of O.P.No.145/2021 from the Family Court,Kottaralkara to the Family Court, Atrtingal.
(iii) The parties would be at liberty to move the Family Court, Attingal 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, Kottaraka with instructions to forthwith transmit the records in O.P. Nos.193/2021 and 145/2021 to the Family Court,Attingal.
(v) The Family Court, Attingal, shall immediately on receipt of the records in O.P Nos.193/2021 and 145/2021 Tr.P.C Nos 378 and 381 of 2021 8 call the case along with M.C No.52/2021.
(vi) The respondent would be at liberty to move the Family Court, Attingal, and seek for dispensation of his personal appearance.
Sd/-
C.S.DIAS
ma/7.7.2022 JUDGE