ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.813/2021 (Annexure A) from the Family Court, Irinjalakuda to the Family Court, Kozhikode.

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 meted out to her by the respondent, she has filed M.C.No.223/2021 (Annexure B) before the Family Court, Kozhikode, seeking an order of maintenance. She has also filed M.C.No.58/2021 (Annexure C) before the Judicial First Class Magistrate Court III, Kozhikode, invoking the provisions of the Protection of Women from Domestic Violence Act. There is no person to chaperone the petitioner from Kozhikode to Irinjalakuda, to contest Annexure A. Moreover, the respondent has not sought for the transfer of Annexures B from the Family Court, Kozhikode. Therefore, necessarily, he would have to contest Annexures B and C proceedings before the Courts at Kozhikode. Hence, the transfer petition.

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

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 uncontroverted pleadings and materials on record, particularly the fact that the petitioner has instituted Annexures B and C at the Courts at Kozhikode, that the respondent has not sought for transfer of the above proceedings, that the petitioner is residing in her parental home at Kozhikode and that if the cases are transferred to one court, they can be consolidated and jointly tried, which would save precious judicial time and avoid conflicting of decisions. Therefore, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure. In the result, I allow the transfer petition by ordering transfer of O.P. No.813/2021 from the Family Court, Irinjalakuda to the Family Court, Kozhikode. 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, Irinjalakuda with instructions to forthwith transmit the records in Annexure A to the Family Court, Kozhikode. The Family Court, Kozhikode shall, immediately on receipt of the records in Annexure A, call the case along with Annexure B.

sd/-

C.S.DIAS, JUDGE

rkc/06.06.2022

APPENDIX OF TR.P(C) 610/2021 PETITIONER'S ANNEXURES Annexure A TRUE COPY OF THE PETITION FILED BY THE RESPONDENT AGAINST PETITIONER DATED 02.08.2021 WHICH IS NOW PENDING AS O P .NO. 813/2021 ON THE FILE OF FAMILY COURT, IRINJALAKUDA.

Annexure B TRUE COPY OF THE PETITION IN M.C NO.223 OF 2021 ON THE FILE OF THE FAMILY COURT, KOZHIKODE DATED 25.08.2021.

Annexure C TRUE COPY OF THE M C NO.58/2021 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOZHIKODE DATED

25.08.2021.

Annexure D TRUE COPY OF THE FIR ALONG WITH THE FI STATEMENT.