Allowed

Nibitha Babu, v. George Alphons John

Kerala HC23 Jun 2022Tr.P(C)/55/2022

Case brief

AI extract

What is this about?

This court allowed a transfer petition filed under Section 24 CPC seeking to transfer a divorce proceeding from Family Court, Thodupuzha, to Family Court, Pala. The transfer was ordered to align a pending maintenance petition and facilitate the convenience of the wife and children residing in Kanjirappally, applying Supreme Court precedents on transferring matrimonial cases.

What did the court decide?

The transfer petition is allowed; O.P. No. 82/2020 is transferred from Family Court, Thodupuzha, to Family Court, Pala for posting along with the pending maintenance petition.

Nibitha Babu, Vs George Alphons John — 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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THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944

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TR.P(C) NO. 55 OF 2022

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IN OPDIV 82/2020 OF FAMILY COURT, THODUPUZHA

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PETITIONER/RESPONDENT:

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NIBITHA BABU,
AGED 35 YEARS,
D/O. BABU ANTONY, RESIDING AT POWATH HOUSE,
THAMBALAKKAD, P.O., THAMBALAKKAD,
KANJIRAPPALLY, KOTTAYAM DISTRICT.

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BY ADV TISSY ROSE K CHERIYAN

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RESPONDENT/PETITIONER:

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GEORGE ALPHONS JOHN,
AGED 35 YEARS,
S/O. JOHN, RESIDING AT NEDUMKALLEL HOUSE,
EZHALLOOR PO., EZHALLOOR,
KUMARAMANGALAM, THODUPUZHA,
KOTTAYAM DISTRICT.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C)No.55/2022

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Dated this the 23^rd day of June,2022

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O R D E R

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The transfer petition is filed under Section 24 of

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the Code of Civil Procedure,1908(in short, 'C.P.C.’), seeking to transfer O.P.No.82/2020 (Annexure-A),

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from the Family Court, Thodupuzha, to the Family Court, Pala.

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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 two children born in the wedlock. Due to the matrimonial cruelty that was meted out on her by the respondent, she was constrained to leave the matrimonial home. The respondent has filed Annexure-A, seeking a decree for divorce. The petitioner has filed M.C.No.7/2022 before the Family Court, Pala, seeking an order of maintenance for herself and the children. The petitioner and the children are residing in

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Tr.P.(C)No.55/2022

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-:3:-

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Kanjirappally. Therefore, it would be difficult for her to travel from Kanjirappally to Thodupuzha, to contest

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Annexure-A. Moreover, the respondent has to necessarily, appear before the Family Court, Pala to contest M.C.No.7/2022. Hence, the transfer petition.

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Heard; Smt.Tissy Rose K Cheriyan, the learned counsel appearing for the petitioner. Even though notice is served on the respondent there is no appearance for him.

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The law with respect of 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 Vishwanath Jagtap [AIR 2016 SC 3584], Santhini V. Vijaya Venkatesh [2017 (4)

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Tr.P.(C)No.55/2022

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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.

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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, especially the fact that M.C.No.7/2022 is pending before the Family Court, Pala, and that the petitioner and the children are residing in Kanjirappally, 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.

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In the result,

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Tr.P.(C)No.55/2022

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(i) The transfer petition is allowed, by ordering the transfer of O.P.No.82/2020 from the Family Court, Thodupuzha to the Family Court, Pala.

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(ii) The parties would be at liberty to move the Family Court to seek for consolidation and joint trial of the proceedings between them.

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(iii) The Registry shall forthwith forward a copy of the order to the Family Court, Thodupuzha, with instructions to transmit the records in Annexure-A to the Family Court, Pala.

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(iv) The Family Court, Pala, shall, immediately on receipt of the records in Annexure-A, post the case along with M.C.No.7/2022.

Sd/-

C.S.DIAS,JUDGE

//True copy/

P.A.To Judge

DST/23.06.22

Tr.P.(C)No.55/2022

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-:6:-

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APPENDIX

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RESPONDENT ANNEXURES
ANNEXURE ATRUE PHOTO COPY OF THE O.P. NO. 82 OF
2020 PENDING BEFORE THE FAMILY COURT,
THODUPUZHA.

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RESPONDENT’S EXHIBITS: NIL

Nibitha Babu, v. George Alphons John

Case brief

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Nibitha Babu, v. George Alphons John

Case brief

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