The convenience of women and children is paramount in transfer petitions, and cases should be consolidated to enhance judicial efficiency.

O R D E R

The transfer petition is filed under Section 24 of the Code of Civil Procedure ,1908 (in short, 'C.P .C.') , seeking to transfer O.P .No.1290/2022 (Annexure-A1), from the Family Court, Attingal, to the Family Court, Kollam.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have a son born in the wedlock. The petitioner has filed O.P .No.1132/2021 before the Family Court, Kollam, seeking a decree for restitution of conjugal rights. The respondent has filed O.P .No.71/2022 before the same Court, against the petitioner, to declare him as the guardian of the child. It is during the pendency of the above two proceedings that the respondent has filed Annexure-A1 to declare that the talaq pronounced by him is valid and binding. Since the respondent is already contesting the two proceedings before the Family Court, Kollam, no inconvenience would be caused to the respondent in Annexure-A1 being transferred. Hence, the transfer petition.

3. Heard; Sri. Bharat Vijay, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.

4. It is well settled in a catena of decisions by the Hon’ble Supreme Court in Sumitha Sing V . Kumar Sanjay and another [(2001)10 SCC 41)], Mona Aresh Goel V . Aresh Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap V . Shridhar Vishwanath Jagtap [AIR 2016 SC 3584], Santhini V . Vijaya Venkatesh [2017 (4) KLT 415 (SC)], N.C.V . Aiswarya v. A.S. Sharavana Karthik Sha [2022(5) KHC 185] and Valsal Nisha v. Rajesh Soman Nair [2020(8) KLR 475], that the convenience of the woman and children has to be given preference, while ordering the transfer of a case from one Court to another.

5. In the light of the law laid down in the afore-cited decisions, the pleadings and materials on record and the totality of the facts and circumstances of the case, particularly the fact that O.P .Nos.1132/2021 and 71/2022 are already pending before the Family Court, Kollam, and that the respondent is contesting the proceedings before the said court, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P .C. and order the transfer of Annexure-A1, so that the cases can be consolidated and jointly tried, which would save the precious judicial time, avoid conflict of decisions and multiplicity of proceedings.

In the result, I allow the transfer petition as follows: (i) O.P .No.1290/2022 is transferred from the Family Court, Attingal, to the Family Court, Kollam.

(ii) The parties will be at liberty to move the Family Court, Kollam, 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, Attingal with instructions to forthwith transmit the records in Annexure-A1 to the Family Court, Kollam.

(iv) The Family Court, Kollam shall, immediately on receipt of the records in Annexure-A1, post the case along with connected cases.