ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P No.20/2022 (Annexure A3) from the Family Court, Kollam to the Family Court, Nedumangad.

2. The petitioners’ case, in brief, in the memorandum of transfer petition is that, the first petitioner is the wife of the respondent. The petitioners 2 and 3 are the mother and brother of the first petitioner. Due to the matrimonial cruelty that was meted out to the first petitioner by the respondent and his willful refusal to maintain her and the children, they were constrained to leave the matrimonial home. The first petitioner and the children have filed MC No.354/2021 (Annexure A1) against the respondent, seeking a decree for maintenance, before the Family Court, Nedumangad. The first petitioner has also filed OP No.1636/2021 (Annexure A2), against the respondent, before the same Court, seeking a decree for recovery of money and gold ornaments. As a counterblast to the above proceedings, the respondent has filed Annexure A3, against the petitioners, for various reliefs. The first petitioner is only aged 26 years. She has two minor children in her custody. There is no person to chaperone her from Nedumangad to Kollam to contest Annexure A3. Moreover, the respondent is appearing before the Family Court, Nedumangad and contesting Annexures A1 and A2. Therefore, no inconvenience would be caused to him in Annexure A3 being transferred from the Family Court, Kollam to the Family Court, Nedumangad. Hence, the transfer petition.

3. Heard; Sri.Abdul Rasheed, the learned counsel appearing for the petitioners. 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 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, particularly the fact that Annexures A1 and A2 are pending consideration before the Family Court, Nedumangad, 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 Annexure A3, so that the cases can be consolidated and jointly tried, which would avoid conflict of decisions and save precious judicial time.

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

(i) O.P No. 20/2022 is transferred from the Family Court, Kollam to the Family Court, Nedumangad.

(ii) The parties would be at liberty to move the Family Court, Nedumangad 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, Kollam with instructions to forthwith transmit the records in Annexure A3 to the Family Court, Nedumangad.

(iv) The Family Court, Nedumangad. shall, immediately on the receipt of the records in Annexure A3, post the case along with Annexures A1 and A2.

SD/-

Sks/25.7.2022 C.S.DIAS, JUDGE APPENDIX OF TR.P(C) 209/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE M.C.NO.354/2021 DATED

20/12/2021 ON THE FILE OF FAMILY COURT, NEDUMANGAD.

Exhibit P2 TRUE COPY OF THE O.P.NO.1636/2021 ON THE FILE OF FAMILY COURT, NEDUMANGAD.

Exhibit P3 TRUE COPY OF THE O.P.NO.20/2022 DATED

17/1/2022 ON THE FILES OF FAMILY COURT, KOLLAM.