Allowed

Ashamol M Das v. Akhil Muth

Kerala HC9 Jun 2022Tr.P(C)/44/2022

Case brief

AI extract

What is this about?

This transfer petition was allowed to transfer a pending maintenance suit from the Family Court, Irinjalakuda to the Family Court, Kasaragod. The court relied on Supreme Court precedents regarding the convenience of the woman and children and noted that other related cases were already pending in Kasaragod.

What did the court decide?

The Family Court, Irinjalakuda, to forthwith transmit the records of O.P. No. 1212/2021 to the Family Court, Kasaragod for consolidation with O.P. No. 592/2021.

Ashamol M Das Vs Akhil Muth — Matrimonial and Divorce | Kerala HC (2022)

¶1

TR.P(C) NO. 44 OF 2022

¶2

¶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. 44 OF 2022

¶8

OP 1212/2021 OF FAMILY COURT, IRINJALAKUDA

¶9

PETITIONER/S:

¶10

ASHAMOL M DAS AGED 32 YEARS D/O MOHANDAS, RESIDING AT PALAKKA MATTATHIL HOUSE, PARAKKADAVU, RANIPURAM P.O.PANATHADY VILLAGE, KASARAGOD DISTRICT, PIN-671 531.

¶11

BY ADV T.K.VIPINDAS

¶12

RESPONDENT/S:

¶13

AKHIL MUTH, AGED 33 YEARS S/O RAVEEDNRAN, RESIDING AT ARAKKAMPARAMBIL, KUZHIKKATTUSSERY, THAZHEKKAD VILLAGE CHALAKKUDY TALUK, KUZHIKATTUSSERI P.O.THRISSUR DISTRICT, PIN680 697

¶14

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

¶15

¶16

TR.P(C) NO. 44 OF 2022

¶17

ORDER

¶18

The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P. No.1212/2021 (Annexure A5) from the Family Court, Irinjalakuda to the Family Court, Kasaragod.

¶19

The petitioner's case, in brief, in the memorandum of transfer petition is that; she is the wife of the respondent. They have two children born in their wedlock. The petitioner had filed O.P.No.567/2018 against the respondent before the Family Court, Kasaragod, seeking a decree for past maintenance. The Family Court, Kasaragod, by Annexure A1, has allowed the above original petition. The petitioner has now filed M.C.No.182/2018 (Annexure A2) against the respondent before the Judicial First Class Magistrate Court-I, Hosdurg, under the provisions of Protection of Women from Domestic Violence Act. The respondent has appeared in the above case and filed Annexure A3

¶20

TR.P(C) NO. 44 OF 2022

¶21

¶22

written objection. The petitioner has also filed O.P.No.592/2021 (Annexure A4) before the Family Court, Kasaragod, seeking a decree of divorce. The petitioner and the children are residing at Kasaragod. The Family Court, Irinjalakuda is more than 300 kilometers away from the petitioner's residence. There is no person to chaperone her from Kasaragod to Irinjalakuda to defend Annexure A5. Hence, the transfer petition.

¶23

Heard; the learned counsel appearing for the petitioner. Even though notice has been served 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

¶25

¶26

TR.P(C) NO. 44 OF 2022

¶27

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.

¶28

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 A4 is pending before the Family Court, Kasaragod, and the respondent has not sought for transfer of the above proceeding, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order transfer of the case.

¶29

In the result, I allow the transfer petition by ordering transfer of O.P.No.1212/2021 from the Family Court, Irinjalakuda to the Family Court, Kasaragod. The

¶30

¶31

TR.P(C) NO. 44 OF 2022

¶32

parties would be at liberty to move the Family Court, Kasaragod and seek for consolidation and joint trial of the cases between them. The Registry shall forward a copy of this order to the Family Court, Irinjalakuda with instructions to forthwith transmit the records in Annexure A5 to the Family Court, Kasaragod. The Family Court, Kasaragod shall, immediately on receipt of the records in Annexure A5, call the case along with Annexure A4.

Sd/-

C.S.DIAS, JUDGE

rkc/09.06.22

TR.P(C) NO. 44 OF 2022

¶37

¶38

APPENDIX OF TR.P(C) 44/2022

¶39

PETITIONER'S ANNEXURES

¶40

Annexure	A1 TRUE COPY OF THE JUDGMENT IN OP 567/2018 BEFORE THE FAMILY COURT, KASARAGOD
Annexure	A2 TRUE COPY OF THE MC 182/2018 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-11 HOSDURG
Annexure	A3 TRUE COPY OF THE COUNTER IN MC 182/2018 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-1 HOSDURG
Annexure	A4 TRUE COPY OF THE ORIGINAL PETITION AS OP 592/2021 ON THE FILE OF FAMILY COURT, KASARAGOD
Annexure	A5 TRUE COPY OF THE OP 1212/2021 BEFORE THE FAMILY COURT, IRINJALAKUDA.
Annexure	A6 TRUE COPY OF THE CT REPORT OF THE DISTRICT HOSPITAL, KANHANGAD DATED 1.3.2021
Annexure	A7 TRUE COPY OF THE DISCHARGE SUMMARY PERTAINING TO THE PETITIONER ISSUED BY DISTRICT HOSPITAL KANHANGAD DATED 4.3.2021

Ashamol M Das v. Akhil Muth

Case brief

What is this about?

What did the court decide?

Ashamol M Das v. Akhil Muth

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

Souda Hassan Vs Siyad H.

Akmal Sulthana.a.M., Vs Muhammed Ashhar

Jincy.C. Vs Abhilash.R.S.