Allowed

Aishwarya T.R. v. Rahul P.R.

Kerala HC10 Jun 2022Tr.P(C)/36/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed Transfer Petitions for matrimonial matters pending in two separate family courts. Relying on Supreme Court precedents prioritizing the convenience of the woman and children, the court ordered the transfer of a Husband vs Wife case and a Guardianship/Custody case from Mavelikara to Ettumanoor to consolidate proceedings with a pending suit.

What did the court decide?

Transfer of Order in Original No.1185/2021 (HMA) and No.1190/2021 (G&W) from Family Court, Mavelikara to Family Court, Ettumanoor with liberty to consolidate.

Aishwarya T.R. Vs Rahul P.R. — Child Custody and Guardianship | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.S.DIAS

¶4

FRIDAY, THE 10^TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944

¶5

TR.P(C) NO. 36 OF 2022

¶6

OPGW 1190/2021 OF FAMILY COURT, MAVELIKKARA

¶7

PETITIONER/S:

¶8

AISHWARYA T.R. AGED 29 YEARS D/O.RAJENDRAN, THEKKEATH HOUSE, AYMANAM VILLAGE, KUDAMALOOR P.O., KOTTAYAM - 686 017.

¶9

BY ADV M.R.SASITH

¶10

RESPONDENT/S:

¶11

RAHUL P.R. AGED 33 YEARS S/O.RAVEENDRAN, KIZHAKKETHIL HOUSE, MULAVANA, KOZHUVALLOOR, VENMANI VILLAGE, CHENGANNUR TALUK, ALAPPUZHA - 689 508.

¶12

BY ADVS. ENOCH DAVID SIMON JOEL S.SREEDEV RONY JOSE SUZANNE KURIAN CIMIL CHERIAN KOTTALIL LEO LUKOSE

¶13

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2022, ALONG WITH Tr.P(C).34/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶15

PRESENT

¶16

THE HONOURABLE MR.JUSTICE C.S.DIAS

¶17

FRIDAY, THE 10^TH DAY OF JUNE 2022 / 20TH JYAISHTA, 1944

¶18

TR.P(C) NO. 34 OF 2022

¶19

OPHMA 1185/2021 OF FAMILY COURT, MAVELIKKARA

¶20

PETITIONER/S:

¶21

AISHWARYA T.R. AGED 30 YEARS D/O.RAJENDRAN, THEKKEDATH HOUSE, AYMANAM VILLAGE, KUDAMALOOR P.O., KOTTAYAM - 686 017.

¶22

BY ADV M.R.SASITH

¶23

RESPONDENT/S:

¶24

RAHUL P.R. AGED 33 YEARS S/O.RAVEENDRAN,KIZHAKKETHIL HOUSE, MULAVANA, KOZHUVALLOOR,VENMANI VILLAGE,CHENGANNUR TALUK, ALAPPUZHA - 689 508.

¶25

BY ADVS. ENOCH DAVID SIMON JOEL S.SREEDEV

¶26

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2022, ALONG WITH Tr.P(C).36/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶27

TR.P(C) NOS.34 & 36 OF 2022

¶28

¶29

COMMON ORDER

¶30

As the transfer petitions are filed seeking transfer of

¶31

the proceeding instituted by the petitioner against the respondent, who are wife and husband, from the Family Court, Mavelikkara to the Family Court, Ettumanoor, they are being disposed by this common order. The parties are, for the sake of convenience, referred to as per their status and pleadings in Tr.P(C) No.34/2022.

¶32

The petitioner – wife - has filed Tr.P(C) No.34/2022 seeking to transfer OP(HMA) No.1185/2021 (Annexure A2) and Tr.P(C) No.36/2022 seeking to transfer OP(G&W) No.1190/2021 (Annexure A3), from the Family Court, Mavelikkara to the Family Court, Ettumanoor.

¶33

The petitioner's case, in brief, in the transfer petitions are that; she is the wife of the respondent. They have a three year old son born in the wedlock. Due to the marital estrangement, the petitioner has filed OP

¶34

TR.P(C) NOS.34 & 36 OF 2022

¶35

¶36

No.1541/2021 (Annexure A1) before the Family Court, Ettumanoor. The respondent has filed Annexure A2 and A3, seeking a decree for divorce and an order for guardianship and custody of the child, respectively. The respondent has not sought for transfer of Anenxure A1. Therefore, necessarily, the respondent would have to appear before the Family Court, Ettumanoor and defend Annexure A1. On the other hand, the petitioner and her child are residing in her natal home at Kudamaloor, which is more than 50 kilometers on one side to the Family Court, Mavelikkara. There is no person to chaperone the petitioner to contest Annexures A2 and A3 before the Family Court, Mavelikkara. Hence, the transfer petitions.

¶37

Heard; the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent in both cases.

¶38

The law with respect to transfer of

¶39

TR.P(C) NOS.34 & 36 OF 2022

¶40

¶41

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

¶42

In the light of the law laid down in the afore cited decisions, the uncontroverted pleadings and materials on record and the totality of the facts and circumstances of the case, particularly the fact that Annexure A1 is already pending before the Family Court, Ettumaoor and the respondent has to necessarily appear before the said

¶43

TR.P(C) NOS.34 & 36 OF 2022

¶44

¶45

Court to contest the proceeding, I am of the view that Annexures A2 and A3 have to also be transferred to the Family Court, Mavelikkara, so that, the cases can be consolidated and jointly tried, which would save precious judicial time and avoid the conflict of decisions. Hence, 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 the cases. In the result, the transfer petitions are allowed in the following manner:

¶46

Tr.P(C) No.34/2022 is allowed by ordering transfer of OP(HMA) No.1185/2021 from the Family Court, Mavelikkara to the Family Court, Ettumanoor.

¶47

Tr.P(C) No.36/2022 is allowed by ordering transfer of OP(G&W) No.1190/2021 from the Family Court, Mavelikkara to the Family Court, Ettumanoor.

¶48

The Registry shall forward a copy of this corder to the Family Court, Mavelikkara, to forthwith transmit

¶49

TR.P(C) NOS.34 & 36 OF 2022

¶50

¶51

the records in Annexures 2 and 3 to the Family Court, Ettumanoor.

¶52

The parties would be at liberty to move the Family Court, Ettumanoor and seek for the consolidation and joint trial of all the cases between them.

¶53

The respondent would be at liberty to move the Family Court, Ettumanoor and seek for the dispensation of his personal appearance and for video conferencing.

¶54

The Family Court, Ettumanoor shall call Annexures 2 and 3 along with Annexure A1.

Sd/-

C.S.DIAS, JUDGE

rkc/10.06.22

TR.P(C) NOS.34 & 36 OF 2022

¶59

¶60

APPENDIX OF TR.P(C) 34/2022

¶61

PETITIONER'S ANNEXURES

¶62

Annexure	A1 TRUE COPY OF O.P.NO.1541/2021 BEFORE THE FAMILY COURT, ETTUMANOOR, FILED BY THE PETITIONER.
Annexure	A2 TRUE COPY OF OP(HMA) NO.1185/2021 THE HON'BLE FAMILY COURT AT MAVELIKKARA FILED BY THE RESPONDENT.
Annexure	A3 TRUE COPY OF OP(GW) NO.1190/2021 BEFORE
	THE FAMILY COURT, MAVELIKKARA FILED BY THE RESPONDENT.

¶63

TR.P(C) NOS.34 & 36 OF 2022

¶64

¶65

APPENDIX OF TR.P(C) 36/2022

¶66

PETITIONER'S ANNEXURES

¶67

Annexure A1 TRUE COPY OF O.P.NO.1541/2021 BEFORE THE FAMILY COURT, ETTUMANOOR, FILED BY THE PETITIONER. Annexure A2 TRUE COPY OF OP(HMA) NO.1185/2021 THE HON'BLE FAMILY COURT AT MAVELIKKARA FILED BY THE RESPONDENT. Annexure A3 TRUE COPY OF O.P.(GW) NO.1190/2021 BEFORE THE FAMILY COURT, MAVELIKKARA FILED BY THE RESPONDENT.

Aishwarya T.R. v. Rahul P.R.

Case brief

What is this about?

What did the court decide?

Aishwarya T.R. v. Rahul P.R.

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

Ashamol M Das Vs Akhil Muth

Souda Hassan Vs Siyad H.

Akmal Sulthana.a.M., Vs Muhammed Ashhar

Renju v Vs Shyamlal P.L

C.P.Joseph, Vs Joseph

Aishwarya T.R. Vs Rahul P.R.