A court can exercise discretion under Section 24 of the CPC to transfer cases to avoid conflicting outcomes and enhance judicial efficiency.

ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure , seeking to transfer OP No.1124/2021 (Annexure A1) from the Family Court, Pathanamthitta to the Family Court, Mavelikkara.

2. The petitioners' case, in brief, in the memorandum of transfer petition is that, the respondent is the wife of the 1st petitioner. The petitioners 2 and 3 are the parents of the 1st petitioner. The marital relationship between the 1st petitioner and the respondent is strained. They have a daughter born in the wedlock. The 1st petitioner has filed OP (Div) No.610/2021 (Annexure A2) and O.P(Recovery) No.1377/2021 (Annexure A3) against the respondent before the Family Court, Mavelikkara, seeking a decree of divorce and a decree for return of money. The respondent herself has filed OP(G&W) No.670/2021 (Annexure A4) before the Family Court, Mavelikkara, seeking an order to declare her as the guardian of the child. Thereafter, the respondent has filed Annexure A1 before the family Court, Pathanamthitta against the petitioners, seeking a decree for return of money and gold ornaments. The respondent is presently employed in Canada. She is contesting Annexures A2 to A4 before the Family Court, Mavelikkara. Therefore, no inconvenience would be caused to her in Annexure A1 being transferred from the Family Court, Mavelikkara to the Family Court, Pathanamthitta, which would only save the judicial time and avoid conflict of decisions. Hence, the transfer petition.

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

4. The question is whether Annexure A1 is to be transferred.

5. Admittedly, the 1st petitioner has filed Annexures A2 and A3 before the Family Court, Mavelikkara. The respondent herself has filed Annexure A4 before the Family Court, Mavelikkara, seeking an order for the permanent custody of the child. It is thereafter that she has filed Annexure A1 before the Family Court at Pathanamthitta. The disputes in all the cases arise out of the marriage between the 1st petitioner and the respondent. Therefore, I am of the firm view, in order to avoid conflict of decisions and save judicial time, Annexure A1 is to be transferred from the Family Court, Pathanamthitta to the Family Court, Mavelikkara, so that the cases can be consolidated and jointly tried.

In the result, in exercise of the discretionary powers of this Court under Section 24 of the Code of Civil Procedure , I allow the transfer petition in the following manner:

(i) O.P.No.1124/2021 is transferred from the Family Court, Pathanamthitta to the Family Court, Mavelikkara.

(ii) The parties would be at liberty to move the Family Court, Mavelikkara and seek 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, Pathanamthitta with instructions to forthwith transmit the records in Annexure-A1 to the Family Court, Mavelikkara.

(iv) The Family Court, Mavelikkara shall, immediately on receipt of the records in Annexure-A1, post the case along with Annexures A2 to A4.