Allowed

Shamlath Salim v. Muhammed Salik

Kerala HC8 Jun 2022Tr.P(C)/50/2021

Case brief

AI extract

What is this about?

A transfer petition filed to shift a restitution of conjugal rights proceeding from Family Court, Thrissur to Family Court, Irinjalakuda. The Court allowed the transfer to consolidate proceedings and ensure convenience for the parties and child residing in Irinjalakuda.

What did the court decide?

Transfer of O.P. No.813/2020 from the Family Court, Thrissur to the Family Court, Irinjalakuda authorized.

Shamlath Salim Vs Muhammed Salik — Matrimonial and Divorce | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944

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TR.P(C) NO. 50 OF 2021

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 IN OP 813/2020 OF FAMILY COURT,THRISSUR

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PETITIONER:

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SHAMLATH SALIM
AGED 25 YEARS

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D/O PALAKKATHADATHIL SALIM, PALAKKATHADATHIL HOUSE,
P.O.MALA, PALLIPPURAM VILLAGE, CHALAKKUDY TALUK,
THRISSUR DISTRICT-680 732.

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BY ADVS.
K.M.FIROZ
SMT.M.SHAJNA

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RESPONDENT:

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MUHAMMED SALIK
AGED 33 YEARS

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S/O LATE MOHAMMED SALIM, VALIYAKATH THAIVALAPPIL
HOUSE, GROUND FLOOR, G.A HOUSE NO 9A, MANGATT LANE,
SNEHA GARDEN, KOORKANJERI VILLAGE, THRISSUR DISTRICT-
680 007.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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Tr.P (C) No.50 of 2021

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Dated this the 8^th day of June, 2022.

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ORDER

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The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.813/2020 (Annexure A1) from the Family Court, Thrissur to the Family Court, Irinjalakuda.

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The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have a son born in their wedlock. The respondent has filed Annexure A1 seeking a decree for restitution of conjugal rights. There are three other proceedings between the parties pending before the Family Court, Irinjalakuda. The respondent had earlier filed O.P. No.642/2020 before the Family Court, Thrissur, seeking an order for the custody of the child. This Court by order dated 28.07.2020 in Tr.P(C ) No.256 of 2020 (Annexure A2), allowed the transfer petition and ordered the transfer of OP No. 642/2020

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Tr.P (C) No.50 of 2021

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from the Family Court, Thrissur to the Family Court, Irinjalakuda. The said order has become final. Therefore, Annexure A1 may also be transferred to the Family Court, Irinjalakuda, so that it can be consolidated and jointly tried with the other cases, which would save judicial time and avoid conflict of decisions. Moreover, the petitioner and the child are residing in Chalakudy, within the jurisdiction of the Family Court, Irinjalakuda. Hence, it would be convenient to both of them, if the transfer is ordered. Hence, the transfer petition.

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Heard the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.

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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 [2002 KHC 1889],

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Tr.P (C) No.50 of 2021

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Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489] and Santhini V. Vijaya Venkatesh [2017 (5) KHC 48]. 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.

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In the light of the uncontroverted pleadings and materials on record, particularly the fact that this Court has already ordered the transfer of OP No. 642/2020 to the Family Court, Irinjalakuda by Annexure A2 and the fact that the petitioner and the child are residing within the jurisdiction of the Family Court, Irinjalakuda, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure by ordering the transfer of Annexure A1 to the Family Court, Irinjalakuda, so that all the proceedings between the parties can be

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Tr.P (C) No.50 of 2021

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consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions.

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In the result, I allow the transfer petition by ordering the transfer of O.P No.813/2020 from the Family Court, Thrissur to the Family Court, Irinjalakuda. The parties would be at liberty to move the Family Court, Irinjalakuda for consolidation and joint trial of all the cases between them. The Registry shall forward a copy of this judgment to the Family Court, Thrissur with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Irinjalakuda. The Family Court, Irinjalakuda shall, immediately on the receipt of the records in Annexure A1, post the case along with M.C No.75/2020 and the connected cases between the parties.

SD/-

C.S.DIAS, JUDGE

rmm/8.6.2022

Tr.P (C) No.50 of 2021

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APPENDIX OF TR.P(C) 50/2021

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PETITIONER ANNEXURES
ANNEXURE A1TRUE COPY OF OP NO 813 OF 2020 DATED
3.6.202O ON THE FILES OF FAMILY COURT,
THRISSUR ALONG WITH SUMMONS DATED
18.12.2020
ANNEXURE A2TRUE COPY OF THE ORDER DATED 28.7.2020
IN TRPC NO 256 OF 2020 PASSED BY THE
HON'BLE HIGH COURT

Shamlath Salim v. Muhammed Salik

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Shamlath Salim v. Muhammed Salik

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