IMPORTANT POINT
Power of transfer and withdrawal of suits appeals and other proceeding under Section 24 of CPC can be exercised on application of a party or suo motu by High Court or District Court.

K.T. Sankaran, J.—The prayer in this Transfer Petition is to transfer O.S.No.174 of 2008, pending before the Munsiffs Court, Varkala, to the Family Court, Nedumangad, to be tried along with O.P. No.1192 of 2005 and O.P. No. 641 of 2006 pending before that Court.

2. O.S. No.174 of 2008 was filed by the petitioner against Sukumari Amma and others for declaration of title and recovery of possession of Item 1 of A schedule, for partition of Item 2 of A schedule and for other relief’s. O. P. No.1192 of 2005 on the file of the Family Court, Nedumangad was filed by Sukumari Amma and Arun Nair (respondents 1 and 2 in the Transfer Petition) against Narayanan Nair, Sherly (petitioner in the Transfer Petition) and others, to set aside the two gift deeds executed by Narayanan Nair in favour of Sherly and for other reliefs. O.P. No. 641 of 2006, Family Court, Nedumangad, was filed by Sukumari Amma and Arun Nair against Sherly (petitioner herein) and others, to set aside a Will executed by Narayanan Nair in favour of Sherly and for other relief’s.

3. The learned counsel for the petitioner submitted that Narayanan Nair married Radhamany and in that wedlock, Sherly, the petitioner, was born. According to the petitioner, Sukumari Amma was a concubine of Narayanan Nair, Arun Nair is the illegitimate son in that relationship. According to the respondents, Sukumari Amma is the legally wedded wife of Narayanan Nair. It is stated that Narayanan Nair executed two gift deeds and a Will in favour of the petitioner. The suits and the Original Petitions referred to above were filed for the relief’s mentioned therein, in these circumstances.

4. As stated earlier, the prayer of the petitioner is to transfer the suit pending before the Munsiff’s Court, Varkala to the Family Court, Nedumangad. The prayer is opposed by the respondents.

5. The relevant part of Section 7 and Section 8 of the Family Courts Act is extracted below:

“7. Jurisdiction—(1) Subject to the other provisions of this Act, a Family Court shall:

(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and

(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends.”

“8. Exclusion of jurisdiction and pending proceedings—Where a Family Court has been established for any area:

(a) no district court or any subordinate civil Court referred to in sub-section (1) of Section 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the Explanation to that sub-section;

(b) no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX of the Code of Criminal Procedure. 1973 (2 of 1974);

(c) every suit or proceeding of the nature referred to in the Explanation to sub-section (1) of Section 7 and every proceeding under Chapter IX of the Code of Criminal Procedure. 1973 (2 of 1974):

(i) which is pending immediately before the establishment of such Family Court before any district court or subordinate court referred to in that sub-section or, as the case may be, before any Magistrate under the said Code; and

(ii) which would have been required to be instituted or taken before or by such Family Court if, before the date on which such suit or proceeding was instituted or taken, this Act had come into force arid such Family Court had been established, shall stand transferred to such Family Court on the date on which it is established.”

6. Section 24 of the Code of Civil Procedure provides for general power of transfer and withdrawal of suits, appeals and other proceedings. The power can be exercised on the application of a party or su