ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.1344/2021 (Annexure IV) from the Family Court, Thrissur to the Family Court, Malappuram.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have two children born in their wedlock. Due to the marital estrangement, the petitioner has filed M.C. No.62 of 2021 (Annexure I) as against the respondent, seeking an order for maintenance for herself and children. She has also filed OP No178/2021 (Annexure II) and O.P. No.179/2021 (Annexure III), seeking a decree for return of gold and money and decree for divorce, respectively. The respondent on receiving the notice on Annexures I to III, by suppressing facts, has filed Annexure IV. The petitioner and her children are residing in her parental home at Nilambur. There is no person to chaperone the petitioner and the children from Nilambur to Thrissur to defend Annexure IV. 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. Undisputedly, the petitioner has filed Annexures 1 to III before the Family Court, Malappuram and the respondent has not sought for the transfer of the above cases. Therefore, necessarily, he would have to appear before the Family Court, Malappuram to contest the said cases. Moreover, the petitioner is residing with two children in her parental home at Nilambur.

6. Taking into consideration the comparative hardship, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure in favour of the petitioner and the children. If the proceedings are consolidated and jointly tried, it would save precious judicial time and avoid conflict of decisions.

In the result, I allow the transfer petition by ordering the transfer of O.P No.1344/2021 from the Family Court, Thrissur to the Family Court, Malappuram. The parties would be at liberty to seek for consolidation and joint trial of all the cases between them. The Registry shall forward a copy of this judgment to the Family Court, Thrissur with instructions to forthwith transmit the records in Annexure IV to the Family Court, Malappuram. The Family Court, Malappuram shall, immediately on the receipt of the records in Annexure IV, call the case along with Annexures I to III.

SD/-

C.S.DIAS, JUDGE rmm/06/06/2022 APPENDIX OF TR.P(C) 635/2021 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE M.C.NO.62/2021 DATED

14/2/2021 Annexure II A TRUE COPY OF THE O.P.178/2021 DATED

14/2/2021 Annexure III A TRUE COPY OF THE O.P.179/2021 DATED

14/2/2021 Annexure IV A TRUE COPY OF THE O.P.1344/2021 DATED

3/4/2021