Transfer petition under Section 24 CPC filed to move O.P. No. 1096/2022 from Kannur to Ernakulam Family Court. Court allowed transfer to consolidate with connected case and avoid conflicting decisions.
O.P. No. 1096/2022 transferred from Kannur to Ernakulam; parties may seek consolidation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
TR.P(C) NO. 5 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 20TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944
TR.P(C) NO. 5 OF 2023
AGAINST OP 1096/2022 OF FAMILY COURT, KANNUR
PETITIONER/RSPONDENT:
ANLI XAVIER
AGED 35 YEARS
D/O C.V XAVIER, CHAKIATH HOUSE, NO 18, GREEN GARDEN,
(K.S.H.B COLONY), ANGAMALY, ERNAKULAM DISTRICT, PIN
- 683572
BY ADVS.
SOHAIL MOHAMMED ANSARY
AMEENA.R
M.S.MOHAMMED ANSARY
RESPONDENTS/PETITIONER:
DERIC C. MATHEW
AGED 40 YEARS
S/O MATHEW, CHANJAPLACKAL HOUSE, MEENPATTY,
KARUVANCHAL P O, KANNUR DISTRICT, PIN - 670571
BY ADVS.
THOMSTINE K. AUGUSTINE K.A.
ALEX THOMAS(K/1078/2022)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
TR.P(C) NO. 5 OF 2023
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ORDER
The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.1096/2022 (Annexure-A2) from the Family Court, Kannur to the Family Court, Ernakulam.
TR.P(C) NO. 5 OF 2023
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counsel appearing for the petitioner and Sri.Thomstine K.Augustine, the learned counsel appearing for the respondent.
TR.P(C) NO. 5 OF 2023
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particularly the fact that this Court, by Annexure-A1 order, has already exercised its discretionary powers by ordering the transfer of a connected proceeding between the parties from the Family Court, Kannur to the Family Court, Ernakulam, I am inclined to allow this transfer petition also, so that all the cases between the parties can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions.
In the result, I allow the transfer petition as follows:
(i) OP No.1096/2022 is transferred from the Family Court, Kannur, to the Family Court, Ernakulam.
(ii) The parties would be at liberty to move the Family Court, Ernakulam and seek for the consolidation and joint trial of all the cases between them.
TR.P(C) NO. 5 OF 2023
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(iii) The Registry shall forward a copy of this order to the Family Court, Kannur, with instructions to forthwith transmit the records in Annexure-A2 to the Family Court, Ernakulam.
(iv) The Family Court, Ernakulam, shall, immediately on receipt of the records in AnnexureA2, post the case along with the connected cases.
Sd/-
C.S.DIAS
m a/09.01.2023
JUDGE
TR.P(C) NO. 5 OF 2023
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APPENDIX OF TR.P(C) 5/2023
PETITIONER ANNEXURES
Annexure A1THE TRUE COPY OF THE JUDGEMENT OF THIS
HONOURABLE COURT IN TR.P. (C.) NO.
359/2021 DATED 22/08/2022 BY WHICH THE
EARLIER OP FILED BY THE RESPONDENT IN
HONOURABLE FAMILY COURT, KANNUR WAS
TRANSFERRED TO HONOURABLE FAMILY COURT,
ERNAKULAM.
Annexure A2THE TRUE COPY OF THE NOTICE ISSUED BY TO
THE PETITIONER BY THE HONOURABLE FAMILY
COURT, KANNUR. IN O.P. NO. 1096/2022
1 issue framed by the court
Whether the transfer of a matrimonial case from Family Court Kannur to Family Court Ernakulam is warranted for consolidation after an earlier connected proceeding was transferred.
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1 provisions across 1 enactments
Anli Xavier
Deric C. Mathew
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.S. Dias
Parties & counsel