The decision reinforces that in family law matters, the convenience of the wife and children is paramount when considering case transfers.

ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure , seeking to transfer O.P No.954/2022 (Annexure-III) 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, she is the wife of the respondent. They have two children born in their wed- lock. Due to the matrimonial cruelty meted out on the petitioner by the respondent, she was constrained file O.P No.1691/2020 (Annexure-I) and O.P.No.1719/2020 (Annexure-II) against the respondent before the Family Court, Thiruvananthapuram, seeking a decree for recovery of gold ornaments and other reliefs and a decree of divorce respectively. The respondent is contesting Annexures-I and II before the Family Court, Thiruvananthapuram. Therefore, no inconvenience would be caused to the respondent, if Annexure-III is transferred to the Family Court, Thiruvananthapuram. Hence the transfer petition.

3. Heard; Sri.Shajin.S.Hameed, 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 inSumitha 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] , Santhini V. Vijaya Venkatesh [2017 (5) KHC 48] and N.C.V Aishwarya v. A.S.Saravana Karthik Sha [2022 (5)KHC 182]. 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 and in the totality of the facts and circumstances of the case, particularly the fact Annexures- I and II are already pending before the Family Court, Thiruvananthapuram and the respondent is contesting the proceedings there, 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-III to the Family Court, Thiruvananthapuram, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions.

In the result, I allow the transfer petition as follows:- (i) O.P No.954/2022 is transferred from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram.

(ii) The parties would be at liberty to move the Family Court, Thiruvananthapuram, to 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 to forthwith transmit the records in Annexure- III to the Family Court, Thiruvananthapuram.

(iv) The Family Court, Thiruvananthapuram shall, immediately on receipt of the records in Annexure-III, call the case along with Annexures I and II.