The court affirmed the principle that in custody cases, the convenience of the woman and child should guide the transfer of proceedings.

O R D E R

The transfer petition is filed under Section 24 of the Code of Civil Procedure ,1908(in short, 'C.P.C.'), seeking to transfer G.O.P.No.433/2022 (Annexure-A1), from the Family Court, Muvattupuzha, to the Family Court, Ernakulam.

2. The petitioner’s case in brief, in the memorandum of transfer petition is that, the first petitioner is the wife of the respondent. The second petitioner is the sister of the first petitioner. The first petitioner and the respondent have a 10 year old son born in the wedlock. Due to the matrimonial cruelty that was meted out on the first petitioner by the respondent, she was constrained to leave the matrimonial home. The respondent has now filed Annexure-A1, seeking an order for the custody of the child. The petitioners and the child are residing within the jurisdiction of the Family Court, Ernakulam. It would cause severe prejudice to the first petitioner and the child to travel all the way to Muvattupuzha, to contest Annexure-A1. Hence, the transfer petition.

3. Heard; Ivans C. Chamakkala, the learned counsel appearing for the petitioners and Sri. Geevan T.Charles, 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 inSumitha Sing V. Kumar Sanjay and another [(2001)10 SCC 41)], Mona Aresh Goel V. Aresh Satya Goel [ (2000) 9 SCC 255 ], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [ AIR 2016 SC 3584 ], Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)] Valsal Nisha v.

Rajesh Soman Nair [2020(8) KLR 475]. 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, especially the fact that the first petitioner and the child are residing within the jurisdiction of the Family Court, Ernakulam, I am inclined to exercise the discretionary powers of this Court under Section 24 of the C.P.C. and order the transfer of Annexure-1.

In the result, (i) The transfer petition is allowed, by ordering the transfer of G.O.P.No.433/2022 from the Family Court, Muvattupuzha to the Family Court, Ernakulam.

(ii) The Registry shall forthwith forward a copy of the order to the Family Court, Muvattupuzha with instructions to transmit the records in Annexure-A1 to the Family Court, Ernakulam.

(iv) The Family Court, Ernakulam shall, immediately on receipt of the records in Annexure-A1, issue notice to the parties for their appearance.