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HIGH COURT OF KERALA
C.S. DIAS, J
SIJO RAJAN – Appellant
Versus
DHANYA U.S. – Respondent
Tr.P(C)/576/2022
Transfer - Family Court Proceedings - Code of Civil Procedure, 1908 - Section 24 - The court exercised its discretionary powers to transfer a divorce petition to facilitate consolidation with related cases to promote judicial efficiency and prevent multiplicity of decisions.
Fact of the Case:
The petitioner filed a transfer petition under Section 24 of the C.P.C. to move his divorce case from one Family Court to another for convenience, citing the need for consolidation with a related monetary claim filed by the respondent.
Finding of the Court:
The court found merit in the petitioner's request for consolidation of cases to be tried together to save judicial resources and avoid redundancy in proceedings, acknowledging the convenience for both parties.
Issues: Whether to grant the transfer of a divorce petition to another Family Court to allow for the consolidation of related cases.
Ratio Decidendi: The court maintained that the transfer of cases for consolidation, when deemed beneficial for judicial efficiency, falls within its discretionary powers under Section 24 of the C.P.C.
Final Decision: The transfer petition is allowed, moving the case to the Family Court, Neyyattinkara for joint trial.
ORDER
The transfer petition is filed under Section 24 of the Code of Civil Procedure,1908 (in short, 'C.P.C.'), seeking to transfer O.P.No.423 of 2022 (Ext.P2), from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram.
2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, the respondent is the wife of the petitioner. The marital relationship is strained. The respondent had filed O.P.No.1267 of 2021 (Ext.P1) before the Family Court, Thiruvananthapuram, seeking a decree for recovery of money and gold ornaments. She also filed Ext.P2 before the Family Court, Nedumangad, seeking a decree of divorce. It is necessary that both the cases be consolidated and jointly tried by the same court, which will save the precious judicial time and avoid multiplicity of decisions. Hence, the transfer petition.
3. Heard; Sri.M.V. Rajendran Nair, the learned counsel appearing for the petitioner and Smt. R.S. Rejitha, the learned counsel appearing for the respondent.
4. The respective learned counsel appearing for the parties submit that pursuant to the establishment of the Family Court, Neyyattinkara, Ext.P1 proceeding has been transferred to the Family Court, Neyyattinkara. Hence, it would be convenient to both parties if Ext.P2 is also transferred to the Family Court, Neyyattinkara, so that the cases can be consolidated and jointly tried.
5. In the light of the submissions made across the Bar and taking into consideration that the proceedings can be tried with the same court, which would save the precious judicial time and avoid multiplicity of proceedings, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code and order the transfer of Ext.P2 to the Family Court, Neyyattinkara.
In the result, I allow the transfer petition as follows:
(i) O.P.No.423 of 2022 is transferred from the Family Court, Nedumangad to the Family Court, Neyyattinkara.
(ii) The parties will be at liberty to move the Family Court, Neyyattinkara 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, Nedumangad with instructions forthwith to transmit the records in Ext.P2 to the Family Court, Neyyattinkara.
(iv) The Family Court, Neyyattinkara shall, immediately on receipt of the records in Ext.P2, post the case along with the connected matter.
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