Allowed

Stella P.G. v. Jerome K.P.

Kerala HC5 Jul 2022Tr.P(C)/159/2021

Case brief

AI extract

What is this about?

In a transfer petition under Section 24 CPC, this Court transferred O.P. No.660/2020 from the Family Court, Alappuzha to the Family Court, Nedumangad. The Court held that consolidating related matrimonial proceedings, considering the woman's convenience and avoiding conflicting decisions, warrants transfer.

What did the court decide?

Order No.660/2020 transferred from Family Court, Alappuzha to Family Court, Nedumangad; parties empowered to seek consolidation; records to be transmitted; new case to be called forthwith.

Stella P.G. Vs Jerome K.P. — Civil Procedure and Limitation | 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 5^TH DAY OF JULY 2022 / 14TH ASHADHA, 1944 TR.P(C) NO. 159 OF 2021

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TO TRANSFER O.P. 660/2020 NOW PENDING BEFORE THE FAMILY COURT, ALAPPUZHA TO THE FAMILY COURT, NEDUMANGAD

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PETITIONER/RESPONDENT:

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STELLA P.G., AGED 29 YEARS, D/O. MARY, RESIDING AT CHANDRA BHAVAN, KARIPPOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM-695541.

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BY ADV J.G.SYAMNATH

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RESPONDENT/PETITIONER:

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JEROME K.P.., AGED 38 YEARS, S/O. FABIAN KURISSINKAL, KURISSINKAL HOUSE, CANAL WARD, KANJIRANCHIRA P.O., ALAPPUZHA-688 007, OFFICE ADDRESS- TECHNICAL OFFICER, LPSC, ISRO, VALIAMALA, THIRUVANANTHAPURAM-695 549.

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BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 05.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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T.R.P(Civil)No.159 of 2021

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ORDER

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Dated this the 05^th day of July, 2022

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The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P No.660/2020 (Annexure A4) from the Family Court, Alappuzha to the Family Court, Nedumangad.

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The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is wife of the respondent. The respondent is working as a Technical Officer, LPSE, ISRO, Thiruvananthapuram. Due to the matrimonial cruelty meted out on her by the respondent, she has filed O.P.No.990/2020 (Annexure A1) before the Family Court, Nedumangad against the respondent. She has also filed M.C.No.265/2020 (Annexure A2) before the same court against the respondent. The respondent has filed Annexure A4 against the petitioner, seeking a decree of divorce. The respondent has not sought for the transfer of

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T.R.P(Civil)No.159 of 2021

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Annexures A1 and A2. The petitioner would find it difficult to appear before the Family Court, Alappuzha, to contest Annexure A4, since it is more than 200 kms on one side from her residence. At any rate, the respondent is working in Thiruvananthapuram and he is contesting Annexures A1 and A2 before the Family Court, Nedumangad. Therefore, no inconvenience will be caused to him in the transfer of Annexure A4 to the Family Court, Nedumangad.

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The transfer petition is opposed by the respondent, who has filed a counter affidavit, interalia, refuting the allegations in the transfer petition. He has contended that the petitioner is residing in Alappuzha. Therefore, there is no difficulty for her to contest Annexure A4 before the Family Court, Alappuzha. The petitioner has approached this Court with unclean hands. Hence, she is not entitled to a discretionary relief. Therefore, the transfer petition may be dismissed.

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T.R.P(Civil)No.159 of 2021

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Heard; Sri.Syamnath J.G, the learned counsel appearing for the petitioner and Sri.R.Sunil Kumar, the learned counsel appearing for the respondent.

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The law with respect to transfer of 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 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 afore-cited decisions, the pleadings and materials on record, and the totality of the facts and circumstances

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of the case, particularly, the fact that Annexures A1 and A2 are already pending before the Family Court, Nedumangad and that the respondent has not sought for the transfer of the above proceedings, and also the respondent is admittedly employed in 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 O.P.No.660/2020, so that the cases can be consolidated and jointly tried, which in turn would save precious judicial time and avoid conflict of decisions.

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

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(i) O.P No.660/2020 is transferred from the Family Court, Alappuzha to the Family Court, Nedumangad.

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

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them.

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(iii) The Registry shall forward a copy of this order to the Family Court, Alappuzha with instructions to forthwith transmit the records in Annexure A4 to the Family Court, Nedumangad.

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(iv) The Family Court, Nedumangad, shall, immediately on receipt of the records in Annexure A4, call the case along with Annexures A1 and A2.

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Sd/C.S.DIAS Judge

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NR/05/07/2022

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T.R.P(Civil)No.159 of 2021

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APPENDIX

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PETITIONER'S ANNEXURES ANNEXURE A1 TRUE COPY OF THE OP 990/2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, NEDUMANGAD.