The Court allowed a transfer petition filed by an unemployed petitioner to move a divorce custody case from Family Court, Ernakulam to Family Court, Irinjalakuda, citing her residence, disability to travel, and the presence of a child, aligning with Supreme Court precedents.
Transfer of O.P. No.2286/2020 from the Family Court, Ernakulam to the Family Court, Irinjalakuda.
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
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
TR.P(C) NO. 47 OF 2021
IN OP NO.2286/2020 OF FAMILY COURT,ERNAKULAM
PETITIONER/RESPONDENT:
ARYA MOHAN,
AGED 22 YEARS,
D/O. MOHANAN, CHEGANATH HOUSE,
PAKARAPPILLY, PUTHENCHIRA P.O,
THRISSUR DISTRICT, PIN-680 682
BY ADV RAJESH CHAKYAT
RESPONDENT/PETITIONER:
PRAVEEN.M,
AGED 30 YEARS,
S/O. A.P. MOHANAN, AMBAT HOUSE,
MOOKKANNUR P.O, ERNAKULAM DISTRICT,
PIN-683 577
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Tr.P.(C)No.47/2021
-:2:-
Dated this the 8th 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 O.P. No.2286/2020 (Annexure-1), from the Family Court, Enakulam, to the Family Court, Irinjalakuda.
Tr.P.(C)No.47/2021
-:3:-
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], Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)] Valsal Nisha v. Rajesh Soman Nair [2020(8) KLR 475]. 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.
Tr.P.(C)No.47/2021
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decisions, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C.
In the result, I allow the transfer petition by ordering the transfer of O.P. No.2286/2020 from the Family Court, Ernakulam to the Family Court, Irinjalakuda. The Registry shall forward a copy of this order to the Family Court, Ernakulam, with instructions to forthwith transmit the records in O.P. No.2286/2020 to the Family Court, Irinjalakuda. The Family Court, Irinjalakuda shall, immediately on the receipt of the records in the above case, issue notice to the parties for their appearance.
Sd/-
C.S.DIAS,JUDGE
//True copy/ P.A.To Judge
DST/08.06.22
Tr.P.(C)No.47/2021
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APPENDIX
PETITIONER’S ANNEXURE:
ANNEXURE 1A TRUE COPY OF THE O.P. NO. 2286/2020
ON THE FILE OF FAMILY COURT, ERNAKULAM.
RESPONDENT’S EXHIBITS: NIL
1 issue framed by the court
Whether the transfer petition filed under Section 24 of CPC for transfer of matrimonial proceedings from Family Court, Ernakulam to Family Court, Irinjalakuda, on grounds of convenience and harassment
Colour shows how this judgement treated each authority
Sumitha Sing V. Kumar Sanjay and anotherFollowed¶24
Sumitha Sing V. Kumar Sanjay and another [(2001)10 SCC 41] · Who else cites this
Mona Aresh Goel V. Aresh Satya GoelFollowed¶24
Mona Aresh Goel V. Aresh Satya Goel [(2000) 9 SCC 255] · Who else cites this
Vaishali Shridhar Jagtap V. Shridhar Vishwanath JagtapFollowed¶24
Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584] · Who else cites this
Santhini V. Vijaya VenkateshFollowed¶24
Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)]
Valsal Nisha v. Rajesh Soman NairFollowed¶24
Valsal Nisha v. Rajesh Soman Nair [2020(8) KLR 475]
1 provisions across 1 enactments
Arya Mohan
Praveen.M
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.S. Dias
Parties & counsel