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HIGH COURT OF KERALA
P.SOMARAJAN, J
TOMY ANTONY – Appellant
Versus
BIJI – Respondent
Tr.P(C) 340 2023
Transfer - Family Law - Transfer of Cases - Suitable Venue and Jurisdiction - Civil Procedure Code, Sections Relevant - The court allowed the transfer of the case for parties' convenience but dismissed the case that lacked proper jurisdiction.
Fact of the Case:
The petitioner-wife sought a transfer of her case from the Family Court in Ottapalam to the Family Court in Palakkad, alongside a case pending in a Magistrate's court that was deemed outside the Family Court's jurisdiction.
Issues: Whether the Family Court can transfer cases based on convenience and whether it has jurisdiction over the Magistrate Court's case.
Ratio Decidendi: Judicial discretion allows for case transfers based on convenience, yet jurisdiction must be adhered to for all cases.
Final Decision: Transfer permitted for Family Court case; Magistrate Court case dismissed for lack of jurisdiction.
O R D E R
The petitioner-wife came up for getting transfer of the case pending before the Family Court, Ottapalam to the Family Court, Palakkad as well as the M.C. case pending before the Judicial First Class Magistrate court at Mannarkkad to the very same court. In so far as the the 3rd case pending before the Magistrate Court is concerned no transfer can be ordered as the Family Court has no jurisdiction to deal with the matter. As far as the case pending before the Family Court, Ottapalam is concerned, by taking into consideration the convenience of the parties, it is fit and proper to withdraw the case pending before the Family Court, Ottappalam i.e, O.P.No.724/2021 and to transfer the same to the Family Court, Palakkad. I do so.
Hence Tr.P(C).No.340/2023 will stand allowed and Tr.P(C).No.347/2023 will stand dismissed.
Sd/-
P.SOMARAJAN JUDGE LEK APPENDIX OF TR.P(C) 340/2023 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF OP 724/2021 PREFERRED BY THE RESPONDENT BEFORE THE FAMILY COURT, OTTAPALAM Annexure-A2 TRUE COPY OF MC 53/2020 PREFERRED BY THE RESPONDENT BEFORE LEARNED JUDICIAL FIRST CLASS MAGISTRATE, MANNARKKAD Annexure-A3 TRUE COPY OF I.D.O.P 733/2021 PREFERRED BY THE PETITIONER BEFORE LEARNED FAMILY COURT, TIRUCHIRAPALLI Annexure-A4 TRUE COPY OF THE ORDER OF THE HONOURABLE SUPREME COURT OF INDIA IN TRANSFER PETITION (CIVIL) 2647/2022 DATED
25/01/2023 Annexure-A5 TRUE COPY OF THE DISCHARGE SUMMARY DATED
10/01/2023 OF 2ND PETITIONER FROM SHYAMALA NURSING HOME APPENDIX OF TR.P(C) 347/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF M.C 53/2020 PREFERRED BY THE RESPONDENT BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE, MANNARKKAD Annexure A2 TRUE COPY OF O.P 724/2021 PREFERRED BY THE RESPONDENT BEFORE LEARNED FAMILY COURT, OTTAPALAM Annexure A3 TRUE COPY OF I.D.O.P 733/2021 PREFERRED BY THE 1ST PETITIONER BEFORE LEARNED FAMILY COURT, TIRUCHIRAPALLI Annexure A4 TRUE COPY OF THE ORDER OF THE HONOURABLE SUPREME COURT OF INDIA IN TRANSFER PETITION (CIVIL) 2647/2022 DATED
25/01/2023 Annexure A5 TRUE COPY OF THE DISCHARGE SUMMARY DATED
10/01/2023 OF 2ND PETITIONER ISSUED BY SHYAMALA NURSING HOME
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