Allowed

Jincy.C. v. Abhilash.R.S.

Kerala HC9 Jun 2022Tr.P(C)/169/2022

Case brief

AI extract

What is this about?

The High Court of Kerala transferred an order proceeding from the Family Court, Nedumangad, to the Family Court, Thalassery, under Section 24 CPC to avoid inconvenience to the petitioner wife and child, who face pending maintenance and related suits in Thalassery.

What did the court decide?

Transfer of O.P. No.1031/2020 from the Family Court, Nedumangad to the Family Court, Thalassery along with transmission of records.

Jincy.C. Vs Abhilash.R.S. — Maintenance and Alimony | Kerala HC (2022)

¶1

¶2

TR.P(C) NO. 169 OF 2022

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR.JUSTICE C.S.DIAS

¶6

THURSDAY, THE 9^TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944

¶7

TR.P(C) NO. 169 OF 2022

¶8

OP 1031/2020 OF FAMILY COURT, NEDUMANGAD

¶9

PETITIONER/S:

¶10

JINCY.C. AGED 24 YEARS D/O.PRAKASHAN C., 'CHAITHRAM', UMMANCHIRA, ERANHOLI AMSOM, VADAKKUMBAD, P.O.VADAKKUMBAD, THALASSERY, KANNUR - 670 105.

¶11

BY ADV ASHWIN SATHYANATH

¶12

RESPONDENT/S:

¶13

ABHILASH.R.S. AGED 25 YEARS S/O.RAJANBABU, 'SYAM NILAYAM', NALLIKUZHI, UZHAMALAKKAL VILLAGE, P.O.PARUTHIKUZHI, NEDUMANGAD TALUK, THIRUVANANTHAPURAM - 695 541.

¶14

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

TR.P(C) NO. 169 OF 2022

¶16

¶17

ORDER

¶18

The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P. No.1031/2020 (Annexure 1) from the Family Court, Nedumanagad to the Family Court, Thalassery.

¶19

The petitioner's case, in brief, in the memorandum of transfer petition is that; she is the wife of the respondent. They have three year old daughter born in their wedlock. Since the respondent has willfully refused to maintain the petitioner and the child, the petitioner and the child have filed O.P. No.731/2020 (Annexure A2) and M.C.No.270/2020 (Annexure A3) before the Family Court, Thalassery, seeking a decree for past maintenance and order for maintenance under Section 125 of the Code of Criminal Procedure, respectively. The petitioner has also filed O.P.No.732/2020 (Annexure 4) before the same court, seeking a decree for money and gold ornaments. As a

¶20

TR.P(C) NO. 169 OF 2022

¶21

¶22

counter blast to the above proceedings, the respondent has filed Annexure 1 before the Family Court, Nedumangad, to harass the petitioner and the child. The petitioner would be put to grave difficulty to defend Annexure 1 before the Family Court, Nedumangad. Hence, the transfer petition.

¶23

Heard; the learned counsel appearing for the petitioner. Even though service of notice is complete on the respondent, there is no appearance for him.

¶24

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 [(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

¶25

TR.P(C) NO. 169 OF 2022

¶26

¶27

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

¶28

In the light of the uncontroverted pleadings and materials on record, particularly the fact that Annexures 2 to 4 are pending before the Family Court, Thalassery, that the respondent has not sought for transfer of the above cases to any other court, that the petitioner is a lady and she would have to travel all the way from Thalassery to Nedumangad to defend Annexure I, 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.

¶29

In the result, I allow the transfer petition by ordering transfer of O.P.No.1031/2020 from the Family Court, Nedumangad to the Family Court, Thalassery. The Registry shall forward a copy of this order to the Family Court, Nedumangad with instructions to

¶30

TR.P(C) NO. 169 OF 2022

¶31

¶32

forthwith transmit the records in Annexure 1 to the Family Court, Thalassery. The Family Court, Thalassery shall, immediately on receipt of the records in Annexure

¶33

1, post the case along with Annexures 2 to 4.

sd/-

C.S.DIAS, JUDGE

rkc/09.06.22

TR.P(C) NO. 169 OF 2022

¶38

¶39

APPENDIX OF TR.P(C) 169/2022

¶40

PETITIONER ANNEXURES

¶41

Annexure 1	TRUE COPY OF O.P.NO.1031/2020 FAMILY COURT, NEDUMANGAD, DATED 27/10/2020.
Annexure 2	TRUE COPY OF O.P.NO.731/2020 FAMILY COURT, THALASSERY DATED NIL.
Annexure 3	TRUE COPY OF PETITION IN M.C.NO.270/2021
	FAMILY COURT, THALASSERY, DATED NIL.
Annexure 4	TRUE COPY OF O.P.NO.732/2020 FAMILY
	COURT, THALASSERY, DATED NIL.

Jincy.C. v. Abhilash.R.S.

Case brief

What is this about?

What did the court decide?

Jincy.C. v. Abhilash.R.S.

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

Tomson Jose Vs Merly

Arya Mohan Vs Praveen.M

Rajimsha P.P Vs Riyas

Ashamol M Das Vs Akhil Muth

Souda Hassan Vs Siyad H.

Akmal Sulthana.a.M., Vs Muhammed Ashhar