This transfer petition was allowed under Section 24 CPC to move the custody suit (G.O.P.No.1825/2021) from Ernakulam to Muvattupuzha Family Court, which already has pending related matrimonial and maintenance proceedings, ensuring joint trial and judicial economy.
Transfer of G.O.P.No.1825/2021 from Family Court, Ernakulam, to Family Court, Muvattupuzha allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 27TH DAY OF JUNE 2022 / 6TH ASHADHA, 1944
TR.P(C) NO. 27 OF 2022
IN GOP NO.1825/2021 OF FAMILY COURT,ERNAKULAM
PETITIONER/PETITIONER:
ANEEESH A. A.,
AGED 31 YEARS,
S/O. AYYAPPANKUTTY,
ALUMCHOTTIL HOUSE,
KOORACHI, KADAYIRUPPU P. O.,
KOLENCHERY VIA,
AIKKARANADU NORTH VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DIST.,
PIN - 682311.
BY ADV BENNY VARGHESE
RESPONDENT/RESPONDENT:
ASHA KUTTAPPAN,
W/O. ANEESH A. A.,
MOOTHEDATH HOUSE,
VATTAPARAMBU P. O.,
MULLUSSERY, PARAKKADAVU VILLAGE,
ALUVA TALUK, ERNAKULAM DIST.,
PIN - 683579.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Tr.P.(C)No.27/2022
-:2:-
Dated this the 27th day of June,2022
O R D E R
The transfer petition is filed under Section 24 of the Code of Civil Procedure,1908(in short, 'C.P.C.’), seeking to transfer G.O.P.No.1825/2021 (Annexure-3), from the Family Court, Ernakulam, to the Family Court, Muvattupuzha.
Tr.P.(C)No.27/2022
-:3:-
The petitioner has filed Annexure-3 before the Family Court, Ernakulam, seeking an order for the custody of the child. Since Annexures-1 and 2 are pending before the Family Court, Muvattupuzha, the petitioner prays that Annexure-3 may also be transferred to the Family Court, Muvattupuzha, so that the cases can be consolidated and jointly tried by the same court, which would be convenient to both sides, save precious judicial time and avoid conflict of decisions. Hence, the transfer petition.
counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for her.
Tr.P.(C)No.27/2022
-:4:-
Family Court, Muvattupuzha, and the petitioner himself seeks for transfer of Annexure-3 to the Family Court, Muvattupuzha, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. and order the transfer of the Annexure-3. Moreover, if the cases are consolidated and jointly tried by the same court, it would save the precious judicial time and avoid conflict of decisions.
In the result,
Tr.P.(C)No.27/2022
-:5:-
Annexure-3 to the Family Court, Muvattupuzha
Sd/-
C.S.DIAS,JUDGE
//True copy/ P.A.To Judge
DST/27.06.22
Tr.P.(C)No.27/2022
-:6:-
APPENDIX
PETITIONER ANNEXURES
ANNEXURE 1THE TRUE COPY OF THE ORIGINAL PETITION
FILED BY THE PETITIONER BEFORE THE
FAMILYCOURT,MUVATTUPUZHAAS
O.P.335/2020.
ANNEXURE 2THE TRUE COPY OF THE M.C., PETITION FOR
MAINTENANCE FILED BY THE PETITIONER
BEFORE THE FAMILY COURT, MUVATTUPUZHA
AS M.C.115/2020.
ANNEXURE 3THE TRUE COPY OF THE GUARDIAN O.P. FOR
CUSTODY OF THE MINOR CHILD NAME
THEERTHA FILED BY THE PETITIONER BEFORE
THE FAMILY COURT, ERNAKULAM AS
O.P.1825/2021.
RESPONDENT’S EXHIBITS: NIL
2 issues framed by the court
Whether the Family Court, Ernakulam should transfer the custody petition to the Family Court, Muvattupuzha pending with related matrimonial disputes.
Whether consolidation and joint trial of pending matrimonial and custody cases would save judicial time and avoid conflict of decisions.
1 provisions across 1 enactments
Aneesh A. A.
Asha Kuttappan
C.S.Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court