ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.543/2020 (Annexure -5) from the Family Court, Tirur to the Family Court, Ernakulam.

2. The petitioner’s case in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. Due to the matrimonial cruelty that has been meted out on the petitioner by the respondent, she has filed M.C.No.6/2019 (Annexure-1) against the respondent before the Judicial First Class Magistrate Court-I, Ernakulam invoking the provisions of the Protection of Women from Domestic Violence Act. She has also filed O.P.No.1776/2019 (Annexure A2), M.C.No.192/2020 (Annexure A3) and O.P.No.884/2021 (Annexure A4) before the Family Court, Ernakulam against the respondent seeking a decree for restitution of conjugal rights, an order of maintenance and a decree for return of patrimony and other ancillary reliefs. The respondent is contesting Annexures A1 to A4 before the Courts at Ernakulam. He has not sought for transfer of the above proceedings. Hence, necessarily, he has to appear before the Courts at Ernakulam and contest the above proceedings. Hence, no inconvenience would be caused to him in Annexure-5 being transferred from the Family Court, Tirur to the Family Court, Ernakulam. Hence, the transfer petition.

3. Heard; Smt.Parvathi, the learned counsel appearing for the petitioner and Sri.Shiraz Abdulla, 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 in the afore-

cited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, especially the fact that Annexures A2 to A4 are pending before the Family Court, Ernakulam and the respondent is contesting the proceedings there, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transfer of O.P.No.543/2020 from the Family Court, Tirur to the Family Court, Ernakulam, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions.

In the result, I allow the transfer petition as follows:-

(i) O.P No.543/2020 is transferred from the Family Court, Tirur to the Family Court, Ernakulam.

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

(iii) The Registry shall forward a copy of this order to the Family Court, Tirur with instructions to forthwith transmit the records in Annexure A5 to the Family Court, Ernakulam.

(iv) The Family Court, Ernakulam shall, immediately on receipt of the records in O.P.No.543/2020, post the case along with M.C.No.192/2020.

SD/-

C.S.DIAS, JUDGE

rkc/29.07.22

APPENDIX OF TR.P(C) 474/2021 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER DATED 24.08.2019 IN CMP 1335/2019 IN M.C.6/2019 BY THE JUDICIAL FIRST CLASS MAGISTRATE - I, ERNAKULAM.

Annexure 2 TRUE COPY OF THE PETITION FILED BY THE PETITIONER IN OP 1776/ 2019 OF THE FAMILY COURT, ERNAKULAM DATED 24.07.2019.

Annexure 3 TRUE COPY OF THE M.C. NO.192/2020 FILED BY THE PETITIONER BEFORE THE HONOURABLE FAMILY COURT, ERNAKULAM DATED 30.07.2019.

Annexure 4 TRUE COPY OF THE OP NO. 884/2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM DATED 26.03.2021.

Annexure 5 TRUE COPY OF THE SUMMONS DATED 7.