Allowed

Keerthi G.Panicker v. Shiva P.

Kerala HC3 Jun 2022Tr.P(C)/147/2022

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition under Section 24 CPC, transferring a nullity decree petition from the Family Court Nedumangad to the Family Court Ernakulam, considering the wife's convenience and the pendency of a related suit in Ernakulam for consolidation.

What did the court decide?

Transfer of O.P. No. 1073/2021 from Family Court, Nedumangad to Family Court, Ernakulam and consolidation of cases.

Keerthi G.Panicker Vs Shiva P. — Matrimonial and Divorce | Kerala HC (2022)

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TR.P(C) NO. 147 OF 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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FRIDAY, THE 3^RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944

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TR.P(C) NO. 147 OF 2022

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IN OP 1073/2021 OF FAMILY COURT, NEDUMANGAD

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PETITIONER/S:

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KEERTHI G.PANICKER AGED 28 YEARS D/O.P.S.GIRIJAN, KEERTHI ATTUVALLIL HOUSE, PALLURUTHY P.O., EDAKOCHI VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, KERALA, PIN - 682 006.

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BY ADVS. SIKHA G.NAIR ANJANA SURESH.E

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RESPONDENT/S:

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SHIVA P. AGED 29 YEARS S/O.PRASANNAKUMAR, NAGAKRIPA, T.C.6/1503-1, PTP NAGAR P.O., VATTIYOORKAVU, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695 038.

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BY ADV P.V.SOBHANA

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 147 OF 2022

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ORDER

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The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P.No.1073/2021 (Annexure A1) from the Family Court, Nedumangad to the Family Court, Ernakulam.

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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. The respondent has filed Annexure A1, seeking a decree to declare their marriage null and void. The petitioner has filed O.P.No.3036/2021 (Annexure A2) before the Family Court, Ernakulam, seeking a decree for return of money and gold ornaments. The petitioner would find it practically difficult to travel from Ernakulam to Nedumangad to contest Annexure A1. There is no person to chaperone her from Ernakulam to Nedumangad. The respondent has refused to maintain the petitioner. The respondent has not filed any proceeding, seeking the transfer of Annexure A2. Hence, the transfer petition.

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Heard; the learned counsel appearing for the

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TR.P(C) NO. 147 OF 2022

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petitioner and the learned counsel appearing for the respondent.

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The law with respect to transfer of proceedings, particularly in matrimonial disputes, is no longer resintegra, in view of the categoric declaration of law by the Hon'ble Supreme Court in Sumitha Sing V. Kumar Sanjay and another [(2001)10 SCC 41)], Mona Aresh Goel V. Aresh Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584] and Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)]. 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 uncontroverted averments in the transfer petition, the totality of the facts and circumstances of the case, particularly the fact that Annexure A2 is pending before the Family Court, Ernakulam and the cases can be consolidated and jointly

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TR.P(C) NO. 147 OF 2022

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tried, and also and the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure.

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In the result, I allow the transfer petition by ordering transfer of O.P.No.1073/2021 from the Family Court, Nedumangad to the Family Court, Ernakulam. The Registry shall forward a copy of this judgment to the Family Court, Nedumangad with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Ernakualm. The parties would be at liberty to move the Family Court for consolidation and joint trial of all the cases. The Family Court, Ernakulam shall, immediately on receipt of the records in Annexure A1, post the case along with Annexure A2.

Sd/-

C.S.DIAS, JUDGE

rkc/03.06.22

TR.P(C) NO. 147 OF 2022

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APPENDIX OF TR.P(C) 147/2022

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF ORIGINAL PETITION 1073/2021 FILED BEFORE THE HONORABLE FAMILY COURT, NEDUMANGADU. Annexure A2 TRUE COPY OF ORIGINAL PETITION 3036/2021, PENDING BEFORE THE HONORABLE FAMILY COURT, ERNAKULAM.

Keerthi G.Panicker v. Shiva P.

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Keerthi G.Panicker v. Shiva P.

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