The High Court of Kerala allowed a transfer petition to move a divorce case from Alappuzha to Kalpetta, citing the convenience of the wife and child residing in Wayanad and the pendency of related proceedings in Kalpetta to ensure joint trial.
Transfer of O.P.(Div) No.937/2020 from Family Court, Alappuzha to Family Court, Kalpetta, with liberty for consolidation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944
TR.P(C) NO. 121 OF 2021
TO TRANSFER OP(DIV) 937/2020 OF FAMILY COURT, ALAPPUZHA TO THE
FAMILY COURT, KALPETTA
PETITIONER:
TESSY JACOB
AGED 53 YEARS
D/O PAILO M.A, MALPAN HOUSE, THALIPPUZHA, LAKKIDI
POST, VYTHIRI TALUK, WAYANAD DISTRICT
BY ADV K.RAKESH
RESPONDENT:
P.Z.JACOB
AGED 58 YEARS
S/O IMMANUEL MATHEW, KANDATHIL HOUSE, THATHAMPALLY
P.O.ALAPPUZHA DISTRICT, PIN-688 013.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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Tr.P (C) No.121 of 2021
Dated this the 15th day of June, 2022.
ORDER
The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (Div.) No.937/2020 (Annexure A) from the Family Court, Alappuzha to the Family Court, Kalpetta.
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Tr.P (C) No.121 of 2021
counter blast to the above proceeding, the respondent has now filed Annexure A, seeking a decree for divorce. The petitioner and her son are residing in Wayanad and the respondent has not sought for the transfer of O.P. No.454/2019 from the Family Court, Kalpetta. Therefore, necessarily, the respondent has to appear before the Family Court, Kalpetta. Hence, no inconvenience would be caused to him in ordering the transfer of Annexure A to the Family Court, Kalpetta. Hence, the transfer petition.
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Tr.P (C) No.121 of 2021
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.
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Tr.P (C) No.121 of 2021
In the result, I allow the transfer petition by ordering the transfer of O.P (DIV) No.937/2020 from
the Family Court, Alappuzha to the Family Court, Kalpetta. 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 judgment to the Family Court, Alappuzah with instructions to forthwith transmit the records in Annexure A to the Family Court, Kalpetta. The Family Court, Kalpetta, shall, immediately on the receipt of the records of Annexure A, post the case along with O.P. No.454/2019.
SD/-
C.S.DIAS, JUDGE
rmm/15.6.2022
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Tr.P (C) No.121 of 2021
APPENDIX OF TR.P(C) 121/2021
PETITIONER ANNEXURES
ANNEXURE ATRUE COPY OF THE PETITION FILED BY THE
RESPONDENT AS OP(DIV) NO 937/2020 OF
FAMILY COURT, ALAPPUZHA DATED 21.12.2020
ANNEXURE BTRUE COPY OF THE NOTICE ISSUED FROM THE
OFFICE OF THE FAMILY COURT, ALAPPUZHA TO
THE PETITIONER DATED 21.12.2020
3 issues framed by the court
Whether the transfer petition under Section 24 CPC to move a divorce case from Family Court Alappuzha to Family Court Kalpetta should be allowed.
Whether convenience of the woman and child residing in Wayanad justifies the transfer to consolidate proceedings with O.P.No.454/2019.
Whether the transfer would facilitate joint trial and save judicial time in matrimonial disputes.
Colour shows how this judgement treated each authority
Sumitha Sing v. Kumar Sanjay and anotherReferred¶23
Sumitha Sing v. Kumar Sanjay and another [2002 KHC 1889]
Mona Aresh Goel v. Aresh Satya GoelReferred¶23
Mona Aresh Goel v. Aresh Satya Goel [2000 KHC 1835]
Vaishali Shridhar Jagtap v. Shridhar Vishwanath JagtapReferred¶23
Vaishali Shridhar Jagtap v. Shridhar Vishwanath Jagtap [2016 KHC 6489]
Santhini v. Vijaya VenkateshReferred¶23
Santhini v. Vijaya Venkatesh [2017 (5) KHC 48]
1 provisions across 1 enactments
Tessy Jacob
P.Z. Jacob
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.S. Dias
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