The court's discretion under Sec. 24 allows for case transfers to enhance judicial efficiency and consolidate related matters.

ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (HMA)No.1019/2020 (Annexure-1) from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, the respondent is the wife of the petitioner. They have two children born in the wedlock. The marital relationship is strained. The petitioner has filed O.P.No.1297/2020 (Annexure-2) before the Family Court, Thiruvananthapuram, against the respondent, to set aside a document and for other consequential reliefs. The daughter of the couple has filed O.P.No.1610/2020 (Annexure-3) before the Family Court, Thiruvananthapuram, against the petitioner. The respondent is contesting Annexure A2 before the Family Court, Thiruvananthapuram. Moreover, both parties are permanently residing nearby to the Family Court, Thiruvananthapuram. Therefore, no inconvenience would be caused to the respondent in Annexure-I being transferred to the Family Court, Thiruvananthapuram. If Annexure-1 is transferred all the cases between the parties can be consolidated and jointly tried, which would save precious judicial time, avoid multiplicity of proceedings and also conflict of decisions. Hence, the transfer petition.

3. Heard; Sri.R.Bindu Sasthamangalam, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for her.

4. On an evaluation of the pleadings and materials on record, it is seen that the petitioner as well as the daughter of the couple have filed Annexures 2 and 3 before the Family Court, Thiruvananthapuram. The respondent is contesting Annexure-2 before the Family Court, Thiruvananthapuram. Indisputably, the distance between the Family Court, Thiruvananthapuram and the Family Court, Nedumangad is less than 20 kms. Moreover, the cause title of the transfer petition shows that the respondent’s permanent residence is nearby to the Family Court, Thiruvananthapuram. In the above conspectus, I am of the firm view that no inconvenience or prejudice would be caused to the respondent in Annexure-1 being transferred to the Family Court, Thiruvananthapuram, which would only be convenient to both sides, so that all the cases between the parties can be consolidated and jointly tried, which in turn would save precious judicial time and avoid conflict of decisions. Thus, I am satisfied that the discretionary powers of this Court under Sec.24 of the Code of Civil Procedure has to be exercised in favour of the petitioner.

Resultantly, I allow the transfer petition as follows:

(i) OP (HMA)No.1019/2020 is withdrawn and transferred from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram.

(ii) The parties would be at liberty to move the Family Court, Thiruvananthapuram and seek for the consolidation and joint trial of all the cases between them.

(iii) The Registry shall forward a copy of this order to the Family Court, Nedumangad, with instructions to forthwith transmit the records in Annexure-1 to the Family Court, Thiruvananthapuram.

(iv) The Family Court, Thiruvananthapuram, shall, immediately on receipt of the records in Annexure-1, post the case along with Annexures 2 and 3.

ma/15.3.2023