Allowed

Vasanthy v. R.Prasannan

Kerala HC21 Jun 2022Tr.P(C)/14/2022

Case brief

AI extract

What is this about?

This transfer petition sought to shift a house-mate action from the Family Court, Ettumanoor to the Family Court, Thiruvananthapuram. The court allowed the transfer to consolidate proceedings with a related maintenance and heirship petition pending in Thiruvananthapuram, citing the convenience of the parties and children.

What did the court decide?

Transfer of O.P. (HMA) No.1432/2021 from the Family Court, Ettumanoor to the Family Court, Thiruvananthapuram for joint trial.

Vasanthy Vs R.Prasannan — Matrimonial and Divorce | Kerala HC (2022)

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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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TUESDAY, THE 21ST DAY OF JUNE 2022 / 31ST JYAISHTA, 1944

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TR.P(C) NO. 14 OF 2022

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TO TRANSFER OP(HMA)NO. 1432/2021 OF FAMILY COURT, ETTUMANOOR TO
THE FAMILY COURT, THIRUVANANTHAPURAM

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PETITIONER:

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VASANTHY
AGED 58 YEARS
W/O.PRASANNAN, MOLATHUKUDIYIL HOUSE, ADIMALY P.O.,
ADIMALY, DEVIKULAM TALUK, IDUKKI, NOW RESIDING IN
FLAT NO.2D, BHASKARAN, MOHANAVILAS, VIZHVOOR,
MALAYAM P.O., THIRUVANANTHAPURAM.
BY ADV ANIL KUMAR M.SIVARAMAN

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RESPONDENT:

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R.PRASANNAN
S/O.RAMAN, DEVIKA HOUSE, SOUTH GATE P.O., NADUVILE
VILLAGE, VAIKOM, KOTTAYAM - 686 141.
BY ADVS.
M.BALAGOVINDAN
A.ANOOP

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 21.06.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

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Tr.P (C) No.14 of 2022

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Dated this the 21^st 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.(HMA) No.1432/2021 (Annexure A1) from the Family Court, Ettumanoor to the Family Court, Thiruvananthapuram.

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The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have two children born in their wedlock. Due to the matrimonial cruelty meted out to her, the petitioner and her children are residing in her parental home in Thiruvananthapuram. There was an earlier litigation between the parties, which was filed before the Family Court, Ettumanoor as O.P. No.994/2012. However, the respondent withdrew the said proceeding. Now, the petitioner has filed O.P. No. 448/2022 before the Family Court, Thiruvananthapuram, seeking a decree for patrimony

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Tr.P (C) No.14 of 2022

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and ancillary reliefs. The respondent has now filed Annexure 1 before the Family Court, Ettumanoor. The petitioner and the children are residing in Thiruvananthapuram. There is no person to chaperone

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them from Thiruvananthapuram to Ettumanoor. The respondent is appearing before the Family Court, Thiruvananthapuram to contest O.P. No.448/2022.

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Hence, no prejudice would be caused to him by the transfer of O.P(HMA) No.1432/2021 from the Family Court, Ettumanoor to the Family Court, Thiruvananthapuram. Hence, the transfer petition.

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Heard; Sri.Anil Kumar, the learned counsel appearing for the petitioner and Sri. M. Balagovindan, the learned counsel appearing for the respondent.

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The learned counsel appearing for the respondent submitted that the respondent has no objection in allowing the transfer petition.

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The law with respect to transfer of proceedings, particularly matrimonial disputes, is no

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Tr.P (C) No.14 of 2022

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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 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 by the aforecited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that the O.P. No.448/22 is pending before the Family Court, Thiruvananthapuram, 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

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Tr.P (C) No.14 of 2022

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O.P. (HMA)No.1432/2021, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions.

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In the result, I allow the transfer petition by ordering the transfer of O.P (HMA)No.1432/2021 from the Family Court, Ettumanoor to the Family Court, Thiruvananthapuram. 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, Ettumanoor with instructions to forthwith transmit the records in O.P (HMA) No.1432/2021 to the Family Court, Thiruvananthapuram. The Family Court, Thiruvananthapuram shall, immediately on the receipt of the records in the above case, post the case along with O.P. No.448/2022.

SD/-

C.S.DIAS, JUDGE

rmm/21/06/2022

Tr.P (C) No.14 of 2022

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APPENDIX OF TR.P(C) 14/2022

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PETITIONER ANNEXURES
Annexure A1

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TRUE COPY OF THE O.P.(HMA) NO.1432/2021
FILED BY THE RESPONDENT BEFORE THE FILE
OF FAMILY COURT, ETTUMANOOR.

Vasanthy v. R.Prasannan

Case brief

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Vasanthy v. R.Prasannan

Case brief

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