Allowed

Neethu K. Soman v. Rinu Reji

Kerala HC27 Sept 2022Tr.P(C)/97/2022

Case brief

AI extract

What is this about?

This court allowed a transfer petition filed under Section 24 CPC to move a matrimonial plea for restitution of conjugal rights from Family Court, Pala to Family Court, Pathanamthitta, citing the convenience of the petitioner and minor child as the primary consideration under established legal precedents.

What did the court decide?

H.M.A.O.P.No.733/2021 transferred from Family Court, Pala to Family Court, Pathanamthitta, with records forwarded and notice issued.

Neethu K. Soman Vs Rinu Reji — Matrimonial and Divorce | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.S.DIAS

¶4

TUESDAY, THE 27^TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944

¶5

TR.P(C) NO. 97 OF 2022

¶6

IN THE MATTER OF H.M.A.O.P.NO. 733/2021 OF FAMILY COURT, PALA

¶7

PETITIONER/RESPONDENT IN O.P:

¶8

NEETHU K. SOMAN, AGED 25 YEARS, D/O. SOMAN, KUTTIKALAYIL VEETIL, ELANTHOOR EAST P. O., ELANTHOOR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT - 689643.

¶9

BY ADV SREEHARI INDUKALADHARAN

¶10

RESPONDENT/PETITIONER IN O.P:

¶11

RINU REJI, AGED 29 YEARS, S/O. REJI E. N., ILLAVUNGAL VEETIL, PANICHIPPARA P. O., KONDOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT - 686 581.

¶12

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

T.R.P(Civil)No.97 of 2022

¶14

¶15

ORDER

¶16

Dated this the 27^th day of September, 2022

¶17

The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer H.M.A.O.P.No.733/2021 (Annexure A1) from the Family Court, Pala to the Family Court, Pathanamthitta.

¶18

The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have one year old child born in the wed lock. Due to the matrimonial cruelty that was meted out on the petitioner by the respondent, she was constrained to leave the matrimonial home. She is permanently residing with her child in her parental home in Pathanamthitta. The respondent has presently filed Annexure A1, seeking a decree for restitution of conjugal rights. There is no

¶19

T.R.P(Civil)No.97 of 2022

¶20

person to chaperone the petitioner from

¶21

Pathanamthitta to Pala to contest Annexure A1. Hence, the transfer petition.

¶22

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

¶23

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], Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489], Santhini V. Vijaya Venkatesh [2017 (5) KHC 48] and N.C.V. Aishwarya V. A.S. Saravana Karthik Sha [2022 (5) KHC 185]. The Hon’ble Supreme Court has held that

¶24

T.R.P(Civil)No.97 of 2022

¶25

¶26

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.

¶27

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 this case, particularly the fact that the petitioner and the minor child are residing in Pathanamthitta, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transfer of Annexure A1.

¶28

In the result, I allow the transfer petition as

¶29

follows:-

¶30

(i) H.M.A.O.P.No.733/2021 is transferred from the Family Court, Pala to the Family Court, Pathanamthitta.

¶31

(ii) The Registry shall forward a copy of this order to the Family Court, Pala, with instructions to

¶32

T.R.P(Civil)No.97 of 2022

¶33

¶34