Allowed

Athira v. Sajith.H.S

Kerala HC7 Jun 2022Tr.P(C)/73/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition seeking the relocation of a pending divorce case (Op. No.776/2020) from the Family Court, Trivandrum to the Family Court, Attingal. The court relied on Supreme Court precedents emphasizing the convenience of women and children, noting the petitioner resided in Varkala while her child was in their custody.

What did the court decide?

Transfer of Op. No.776/2020 from the Family Court, Trivandrum to the Family Court, Attingal.

Athira Vs Sajith.H.S — Matrimonial and Divorce | Kerala HC (2022)

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TR.P(C) NO. 73 OF 2021

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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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TUESDAY, THE 7^TH DAY OF JUNE 2022 / 17TH JYAISHTA, 1944

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TR.P(C) NO. 73 OF 2021

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OP 776/2020 OF FAMILY COURT,TRIVANDRUM

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PETITIONER/S:

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ATHIRA AGED 26 YEARS D/O. BAIJU, VILAYIL VEEDU, VADASSERIKONAM P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT-695 143.

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BY ADV P.ANOOP (MULAVANA)

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RESPONDENT/S:

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SAJITH.H.S,S/O. HARIDAS, H.S.NIVAS, NJEKKADU, VADASSERIKONAM P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT NOW RESIDING AT MOONVALLEY HOUSE, STATIONKADAVU, KULATHOOR, ATTIPRA, THIRUVANANTHAPURAM DISTRICT-695 583.

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BY ADVS. SMT.M.SANTHI (K/868/2011) SRI.G.RANJU MOHAN

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 73 OF 2021

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ORDER

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The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P. No.776/2020 (Annexure A1) from the Family Court, Thiruvananthapuram to the Family Court, Attingal.

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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. The respondent has filed Annexure A1 seeking a decree of divorce. The petitioner has filed O.P. No.679/2020 before the Family Court, Attingal, seeking a decree for return of money and gold ornaments. The petitioner is permanently residing at Varakala. They have a minor child born in their wedlock. There is no person to chaperone the petitioner and the child from Varkala to Thiruvananthapuram to defend Annexure A1. The respondent has not sought for transfer of O.P. No.679/2020. Therefore, necessarily, he would have to appear before the Family Court, Attingal to defend O.P.

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TR.P(C) NO. 73 OF 2021 3

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No.679/2020. Hence, no hardship would be caused in ordering the transfer. Hence, the transfer petition.

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Heard; the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

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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 [(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.

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In the light of the uncontroverted pleadings and

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TR.P(C) NO. 73 OF 2021 4

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materials on record, particularly the fact that O.P. No.679/2020 is already pending before the Family Court, Attingal, that the respondent has not sought for transfer of the proceedings and also that the petitioner and her child are residing at Varkala and the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure, by ordering transfer of Annexure A1 as prayed for.

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In the result, I allow the transfer petition by ordering transfer of O.P. No.776/2020 from the Family Court, Thiruvananthapuram to the Family Court, Attingal. The parties would be at liberty to move the Family Court, Attingal for the consolidation and joint trial of all cases between them. The Registry shall forward a copy of this judgment to the Family Court, Thiruvananthapuram with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Attingal. The Family Court,

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TR.P(C) NO. 73 OF 2021

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Attingal shall, immediately on receipt of the records in Annexure A1, call the case along with O.P.No.679/2020.

sd/-

C.S.DIAS, JUDGE

rkc/07.06.22