JUDGMENT

Anil K. Narendran, J.

These Transfer Appeals filed under Section 5 of the Kerala High Court Act, 1958 arose out of the common order dated 16.11.2023 of the learned Single Judge in Transfer Petition(C)Nos.551 and 552 of 2023, which were filed seeking the transfer of two original petitions, i.e., O.P.Nos.1009 of 2022 and 989 of 2022 pending before the Family Court, Kasargod to the Family Court, Pala. After considering the rival contentions, the learned Single Judge dismissed the transfer petitions, for the reasons stated in paragraph 2 of the impugned order dated

16.11.2023, subject to the direction contained in paragraph 3.

2. Heard the learned counsel for the appellant and also the learned counsel for the respondent.

3. Section 24 of the Civil Procedure Code, 1908, deals with general power of transfer and withdrawal and Section 25 deals with the power of the Supreme Court to transfer suits, etc. As per sub-section (1) of Section 24, on the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage (a)

transfer any suit, appeal or other proceeding pending before it for trial or disposal to any court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any court subordinate to it, and (i) try or dispose of the same; or (ii) transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same; or (iii) re-transfer the same for trial or disposal to the court from which it was withdrawn.

4. As per sub-section (2) of Section 24 of the Code, where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. As per sub-section (3) of Section 24, for the purposes of this section, (a) courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court; (b) ‘proceeding’ includes a proceeding for the execution of a decree or order. As per sub-section (4) of Section 24, the court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. As per sub-

section (5) of Section 24, a suit or proceeding may be transferred under this section from a court which has no jurisdiction to try it.

5. In the instant case, after considering the rival contentions, the learned Single Judge dismissed the transfer petitions, for the reasons stated in paragraph 2 of the impugned order dated 16.11.2023, subject to the direction contained in paragraph 3. Paragraphs 2 and 3 of the impugned order read thus;

Paragraphs 2 and 3 of the impugned order read thus;

“2. Having heard the learned counsel appearing on both sides, this Court is not inclined to allow the transfer petitions afore referred. The petitioner has no case that the Family Court, Kasargode, has no natural jurisdiction to entertain the above Original Petitions. If that be so, the fact that the Family Court, Pala, has also jurisdiction is of no consequence. The second point pertains to the convenience of the petitioner/husband. According to the learned counsel, it is highly inconvenient for the petitioner to travel all the way from Pala to Kasargode and to attend the proceedings. The inconvenience which is now faced by the husband will be faced by the wife, in case the transfer sought for is allowed. Law does not contemplate to take into account the convenience of the petitioner/husband while fixing the forum for adjudication of a matrimonial dispute, except in extraordinary circumstances. The contention that the children are not in a position to