ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (HMA) No.482/2020 (Annexure A3) from the Family Court, Chavara to the Family Court, Mavelikara.

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 12 year old son born in their wedlock. Due to the matrimonial estrangement, the petitioner has filed MC 96/2020 (Annexure A1) and O.P. 661/2020 (Annexure A2) before the Family Court, Mavelikara seeking an order of maintenance and seeking a decree for recovery of money and gold ornaments respectively. As a counter-blast to the above proceedings, the respondent has now filed O.P. (HMA) 482/2020 (Annexure-A3) before the Family Court, Chavara seeking a decree of divorce. The petitioner and the son are residing in the parental home of the petitioner. The respondent is employed abroad. It would be inconvenient for the petitioner and the child to travel all the way from Mavelikara to Kollam to defend Annexure-A3. Moreover, the respondent has not sought for the transfer of Annexures A1 and A2. Also, since he employed abroad, it is immaterial for him whether the cases are tried in the Family Court, Chavara or the Family Court, Mavelikara Hence, the transfer petition.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

4. The law with respect to transfer of proceedings, particularly matrimonial disputes, is no longer res-integra, in view of the categoric declaration of law by the Hon'ble Supreme Court in Sumitha Sing V. Kumar Sanjay and another [2002 KHC 1889], Mona Aresh Goel V. Aresh Satya Goel [2000 KHC 1835], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [2016 KHC 6489] and Santhini V. Vijaya Venkatesh [2017 (5) KHC 48]. The Hon’ble Supreme Court has held that it is the convenience of the woman and children that has to be looked into, while ordering the transfer of a case from one Court to another.

5. In the light of the law laid down by the Hon'ble Supreme Court in the aforecited decisions, the uncontroverted pleadings and materials on record, and in the totality of the facts and circumstances of the case, particularly the fact that Annexures A1 and A2 are already pending before the Family Court, Mavelikara and the fact that the respondent is employed abroad, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and allow the transfer petition.

In the result, I allow the transfer petition by ordering the transfer of O.P (HMA)No.482/2020 from the Family Court, Chavara to the Family Court, Mavelikara. The parties would be at liberty to move the Family Court, Mavelikara to seek for consolidation and joint trial of all the cases between them. Registry shall forward a copy of this order to the Family Court, Chavara with instructions to forthwith transmit the records in Annexure A3 to the Family Court, Mavelikara. The Family Court, Mavelikara shall, immediately on the receipt of the records in Annexure-A3, the Court shall call the case along with Annexures A1 &A2.