Allowed

Reshma Balan, v. Rajeev .K.S.

Kerala HC16 Jun 2022Tr.P(C)/81/2022

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition under Section 24 CPC, ordering the institution of divorce proceedings to be transferred from Kottayam to Thiruvalla Family Court. This aligns with a pending maintenance case in Thiruvalla, prioritizing the woman's convenience and saving judicial time.

What did the court decide?

Transfer of O.P. No. 267/2021 from Family Court, Kottayam to Family Court, Thiruvalla for consolidated trial.

Reshma Balan, Vs Rajeev .K.S. — Maintenance and Alimony | 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 16^TH DAY OF JUNE 2022 / 26TH JYAISHTA, 1944

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TR.P(C) NO. 81 OF 2022

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OP 267/2021 OF FAMILY COURT, KOTTAYAM

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PETITIONER/S:

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RESHMA BALAN, AGED 30 YEARS D/O. BALAN, RESIDING AT NADAMALA KYYELATH HOUSE, MALLAPPALY WEST P.O., MALLAPPALLY VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT.

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BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)

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RESPONDENT/S:

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RAJEEV .K.S., AGED 39 YEARS S/O.K.N. SOMADAS, RESIDING AT KUZHIPPARAMBIL HOUSE, PUTHUPALLY.P.O., PUTHUPPALY VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT 686 011.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 81 OF 2022

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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.267/2021 (Annexure 1) from the Family Court, Kottayam to the Family Court, Thiruvalla.

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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. Due to the matrimonial cruelty that was meted out on her, she was constrained to leave the matrimonial home. The respondent has filed Annexure 1 seeking a decree of divorce. The petitioner has now filed M.C.No.1/2022 before the Family Court, Thiruvalla, seeking an order of maintenance. The petitioner is residing with her parents at Mallappally in Pathanamthitta District. It would be difficult for her to travel from Mallappally to Kottayam to contest Annexure 1, since there is no person to chaperone her. On the other hand, the respondent would have to any way

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TR.P(C) NO. 81 OF 2022

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appear before the Family Court, Thiruvalla and contest M.C.No.1/2022. 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 resintegra, 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 law laid down in the afore cited

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TR.P(C) NO. 81 OF 2022

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decisions, the uncontroverted pleadings and materials on record and the totality of the facts and circumstances of the case, particularly the fact that M.C.No.1/2022 is pending before the Family Court, Thiruvalla, 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 Annexure 1, 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 transfer of O.P.No.267/2021 from the Family Court, Kottayam to the Family Court, Thiruvalla. The parties would be at liberty to move the Family Court, Thiruvalla 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, Kottayam with instructions to forthwith transmit the records in Annexure 1 to the Family Court, Thiruvalla. The Family Court, Thiruvalla shall, immediately on receipt of the

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TR.P(C) NO. 81 OF 2022 5 records in Annexure 1, call the case along with M.C.No.1/2022.

Sd/-

C.S.DIAS, JUDGE

rkc/16.06.22

TR.P(C) NO. 81 OF 2022

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