ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (Div) No.186/2021 (Ext P2) from the Family Court, Pathanamthitta, to the Family Court, Mavelikkara.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have three sons born in their wedlock. Due to the marital estrangement between the parties, the petitioner has filed OP 1382/2020 (Ext P1) against the respondent and his parents, before the Family Court, Mavelikkara. As a counterblast to Ext P1, the respondent has filed Ext P2, against the petitioner, seeking a decree of divorce. The petitioner has also filed MC No.23/2021 (Ext P3) before the Judicial First Class Magistrate Court-I, Chengannuur, under the provisions of the Protection of Women from Domestic Violence Act.

The petitioner and the children are residing at Venmani, which is within the jurisdiction of the Family Court, Mavelikkara. Moreover, the respondent has not sought for transfer of Ext P1 from the Family Court, Mavelikkara. Therefore, necessarily, he would have to appear before the Family Court, Mavelikkara to contest Ext P1. 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 law laid down in the aforecited decisions, the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that Ext P1 is already pending consideration before the Family Court, Mavelikkara, and the petitioner and three children are residing within the jurisdiction of the Family Court, Mavelikkara, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transer of Ext P2, 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 by ordering the transfer of O.P (Div).186/2021 from the Family Court, Pathanamthitta to the Family Court, Mavelikkara. 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, Pathanamthitta with instructions to forthwith transmit the records in Ext P2 to the Family Court, Mavelikkara. The Family Court, Mavelikkara, shall, immediately on the receipt of the records in Ext P2, call the case with Ext P1.

SD/-

Sks/20.6.2022 C.S.DIAS, JUDGE APPENDIX OF TR.P(C) 418/2021 PETITIONER EXHIBITS Exhibit P1 COPY OF O.P.NO.1382/2020 ON THE FILE OF THE FAMILY COURT, MAVELIKKARA FILED BY PETITIONER.

Exhibit P2 COPY OF O.P.(DIV) NO.186/2021 ON THE FILE OF FAMILY COURT, PATHANAMTHITTA FILED BY RESPONDENT.

Exhibit P3 COPY OF M.C.NO.23/2021 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, CHENGANNUR FILED PETITIONER AND CHILDREN.

Exhibit P4 COPY OF ORDER DATED 3.3.2021 IN C.M.P.

NO.587/2021 IN M.C.NO.23/2021 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-

1, CHENGANNUR DIRECTING TO PAY INTERIM MONTHLY MAINTENANCE.

Exhibit P5 COPY OF ORDER DATED 3.3.2021 IN C.M.P.

NO.588/2021 IN M.C.NO.23/2021 ON THE FILE ON JUDICIAL FIRST CLASS MAGISTRATE COURT-

I, CHENGANNUR RESTRAINING RESPONDENT AND PARENTS FROM CAUSING