Allowed

Aan Mary Ivan v. Shebin Baby @ Shebin Baby John

Kerala HC4 Jul 2022Tr.P(C)/130/2022

Case brief

AI extract

What is this about?

Transfer petition filed to move an original pending divorce suit from Mavelikkara to Pathanamthitta Family Court. The court allowed transfer to consolidate with other pending matrimonial cases between the parties to ensure joint trial and avoid conflicting decrees.

What did the court decide?

Transfer of O.P(Div) No. 1762/2021 from Family Court, Mavelikkara to Family Court, Pathanamthitta and direction to consolidate cases for joint trial.

Aan Mary Ivan Vs Shebin Baby @ Shebin Baby John — Matrimonial and Divorce | Kerala HC (2022)

¶1

¶2

Tr.P (C) No.130 of 2022

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 4TH DAY OF JULY 2022 / 13TH ASHADHA, 1944
TR.P(C) NO. 130 OF 2022

¶6

TO TRANSFER OPDIV 1762/2021 OF FAMILY COURT, MAVELIKKARA
PETITIONER/S:

¶7

AAN MARY IVAN
AGED 28 YEARS
D/O IVAN DANIEL, KOLLAMPARAMPIL HOUSE, POOZHIKADU,
KUDASSANAND , PANDALAM, KURAMBALA VILLAGE, ADOOR
TALUK, PATHANAMTHITTA (DIST) PIN-689 501.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI

¶8

RESPONDENT/S:

¶9

SHEBIN BABY @ SHEBIN BABY JOHN
AGED 30 YEARS
S/O LATE BAY YOHANNAN, VILAYIL KIZHAKATHIL,
POOZHIKADU, KUDASSANAD, PANDALAM, ADOOR TALUK,
KURAMBALA VILLAGE, PATHANAMTHITTA (DIST) PIN-689
501.

¶10

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.07.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

¶11

¶12

Tr.P (C) No.130 of 2022

¶13

C.S DIAS,J.

¶14

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

¶15

Tr.P (C) No.130 of 2022

¶16

----------------------------Dated this the 4^th day of July, 2022.

¶17

ORDER

¶18

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (Div) 1762/2021 (Annexure I) from the Family Court, Mavelikkara to the Family Court, Pathanamthitta.

¶19

The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. Due to the matrimonial cruelty meted out on her by the respondent and his willful refusal to maintain her, she has filed OP No.1433/2021 (Annexure III) and MC No.9/2022 (Annexure IV), against the respondent, before the Family Court, Pathanamthitta, seeking a decree for return of patrimony and other ancillary reliefs and an order for maintenance, respectively. The respondent has now filed Annexure I, seeking a decree of divorce. The respondent has not sought for transfer of Annexures III

¶20

¶21

Tr.P (C) No.130 of 2022

¶22

and IV. Therefore, necessarily, he has to contest Annexures III and IV before the Family Court, Pathanamthitta. Hence, no inconvenience would be caused to him in the transfer of Annexure I to the Family Court, Pathanamthitta. Hence, the transfer petition.

¶23

Heard; Sri.Jacob P.Alex, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.

¶24

The law with respect to transfer of

¶25

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

¶26

¶27

Tr.P (C) No.130 of 2022

¶28

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

¶29

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, especially the fact that Annexures III and IV are pending consideration before the Family Court, Pathanamthitta, 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 I, so that the cases can be consolidated and jointly tried, which would avoid conflict of decisions and save precious judicial time.

¶30

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

¶31

(i) O.P(Div) No. 1762/2021 is transferred from the Family Court, Mavelikkara to the Family Court, Pathanamthitta.

¶32

¶33

Tr.P (C) No.130 of 2022

¶34

(ii) The parties would be at liberty to move the Family Court, Pathanamthitta and seek for consolidation and joint trial of all the cases between them.

¶35

(iii) The Registry shall forward a copy of this order to the Family Court, Mavelikkara with instructions to forthwith transmit the records in

¶36

Annexure I to the Family Court, Pathanamthitta. (iv) The Family Court, Pathanamthitta shall, immediately on the receipt of the records in Annexure I, post the case along with Annexures III and IV.

SD/-

Sks/4.7.2022

C.S.DIAS, JUDGE

Tr.P (C) No.130 of 2022

¶42

APPENDIX OF TR.P(C) 130/2022

¶43

PETITIONER ANNEXURES

¶44

Annexure 1TRUE COPY OF OP(DIV) NO 1762 OF 2021 ON
THE FILES OF FAMILY COURT, MAVELIKKARA.
Annexure 1(A)TRUE COPY OF THE SUMMONS (FORM 1 ) DATED
15.1.2022 IN OP(DIV0 NO 1762 OF 2021 ON
THE FILES OF FAMILY COURT, MAVELIKKARA

¶45

Annexure 11TRUE COPY OF THE DISCHARGE SUMMARY DATED
12.10.2021

¶46

Annexure 11(A)TRUE COPY OF THE DISCHARGE SUMMARY DATED
28.10.2021

¶47

Annexure 111TRUE COPY OF THE PETITION DATED
22.12.2021 IN OP NO 1433 OF 2021 ON THE
FILES OF FAMILY COURT PATHANAMTHITTA

¶48

Annexure IVTRUE COPY OF THE PETITION DATED

¶49

31.12.2021 IN MC NO 9 OF 2022 ON THE
FILES OF THE FAMILY COURT,
PATHANAMTHITTA

Aan Mary Ivan v. Shebin Baby @ Shebin Baby John

Case brief

What is this about?

What did the court decide?

Aan Mary Ivan v. Shebin Baby @ Shebin Baby John

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mujeeb Rahman Vs Haseena.v.

Archana v. Nair Vs Dhanesh Padmanabhan

George Veeran Vs Subanamma Ninan

Geevarghse Vs Shibu

Pramod Kunhiparambath Vs Prasad Menon

Ambrose.a.B, Vs K.P.Joshy