Allowed

Reshma v. Uzhunnan Muhamed Shabeer

Kerala HC15 Jun 2022Tr.P(C)/127/2021

Case brief

AI extract

What is this about?

The Kerala High Court transferred a custody order proceeding from the Family Court, Malappuram, to the Family Court, Thrissur. The transfer aimed to consolidate it with a pending maintenance case and child's schooling location in Thrissur, ensuring convenient and joint trial.

What did the court decide?

Transfer of O.P No.637/2018 from Family Court, Malappuram to Family Court, Thrissur for consolidation and joint trial.

Reshma Vs Uzhunnan Muhamed Shabeer — Matrimonial and Divorce | Kerala HC (2022)

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Tr.P (C) No.127 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944
TR.P(C) NO. 127 OF 2021

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TO TRANSFER OP 637/2018 OF FAMILY COURT, MALAPPURAM

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PETITIONER/S:

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RESHMA
AGED 35 YEARS
D/O.UMMER, ALANGADAN HOUSE, ANGADIPPURAM P.O.,
KOTTAPARAMB, ANGADIPPURAM, PERINTHALMANNA,
MALAPPURAM 673 321
PRESENTLY RESIDING AT KIZHUVALIPARAMBIL HOUSE, KRRA
STREET 11/213, KUTTICHIRA ROAD, KALATHODE, THRISSUR
680 655
BY ADVS.
PREMCHAND M.
SMT.K.ANITHA JOHN

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RESPONDENT/S:

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1 UZHUNNAN MUHAMED SHABEER

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AGED 39 YEARS
S/O.SHOUKATHALI, PUTHAN PURAKKAL HOUSE, OORGATTIRI
P.O., THERATTAMMAL, AREACODE, MALAPPURAM 673 639
2FATHIMA
AGED55 YEARS, W/O.SHOUKATHALI, PUTHAN PURAKKAL
HOUSE, OORGATTIRI P.O., THERATTAMMAL, AREACODE,
MALAPPURAM 673 639
BY ADVS.
SRI.LAL K.JOSEPH
SMT.T.A.LUXY
SHRI.SURESH SUKUMAR
SRI.P.MURALEEDHARAN (THURAVOOR)
SHRI.CHACKO MATHEWS K.

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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.127 of 2021

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C.S DIAS,J.

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---------------------------

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Tr.P (C) No.127 of 2021

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----------------------------Dated this the 15^th day of June, 2022.

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ORDER

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The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.637/2018 (Annexure 2) from the Family Court, Malappuram to the Family Court, Thrissur.

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The petitioner’s case, in brief, in the

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memorandum of transfer petition is that, she is the wife of the first respondent. The second respondent is the mother of the first respondent. They have a minor daughter born in their wedlock. The first respondent has willfully neglected to maintain the petitioner and child. She has filed M.C No.64/2020 (Annexure 1) before the Family Court, Thrissur, seeking an order of maintenance. As a counterblast to the above proceedings, the respondents have filed Annexure 2. The child is studying in Mannuthy, Thrissur as evident from Annexure 3. Since Annexure 2 being a custody matter, the child would have

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Tr.P (C) No.127 of 2021

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to travel all the way from Thrissur to Malappuram, which is more than 100 kms on one side, which would cause inconvenience to both the petitioner and the child. The first respondent has also not sought for transfer of Annexure 1. Therefore, necessarily, he would have to contest Annexure 1 before the Family Court, Thrissur. Hence, the transfer petition.

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Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

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The law with respect to transfer of

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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

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Tr.P (C) No.127 of 2021

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and children that has to be looked into, while ordering the transfer of a case from one Court to another.

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In the light of the law laid down in the aforecited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that Annexure 1 is pending consideration before the Family Court, Thrissur, and that the child is studying in the school at Mannuthy, Thrissur, 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 2, so that the cases can be consolidated and jointly tried, which would avoid conflict of decisions and save precious judicial time.

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In the result, I allow the transfer petition by ordering the transfer of O.P No.637/2018 from the Family Court, Malappuram to the Family Court,Thrissur. The parties would be at liberty to move the Family Court, Thrissur, to seek for consolidation and joint trial of all the cases between them. The Registry shall forward a

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Tr.P (C) No.127 of 2021 copy of this judgment to the Family Court, Malappuram with instructions to forthwith transmit the records in Annexure 2 to the Family Court, Thrissur. The Family Court, Thrissur, shall, immediately on the receipt of the records in Annexure 2, post the case along with Annexure 1.

sd/-

Sks/15.6.2022

C.S.DIAS, JUDGE

Tr.P (C) No.127 of 2021

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APPENDIX OF TR.P(C) 127/2021

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PETITIONER ANNEXURES
ANNEXURE 1TRUE COPY OF THE M.C.NO.64/2020 FILED BY
THE PETITIONER BEFORE THE FAMILY COURT,
THRISSUR.
ANNEXURE 2TRUE COPY OF THE OP NO.637/2018 FILED BY
THE RESPONDENT BEFORE THE FAMILY COURT,
MALAPPURAM.
ANNEXURE 3TRUE COPY OF THE CERTIFICATE ISSUED BY
HEADMISTRESS, HOLY FAMILY ENGLISH MEDIUM
SCHOOL, MANNUTHY, THRISSUR.

Reshma v. Uzhunnan Muhamed Shabeer

Case brief

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Reshma v. Uzhunnan Muhamed Shabeer

Case brief

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