The court highlighted the importance of consolidating related family law matters for judicial efficiency under Section 24 of the Code of Civil Procedure.

ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure , seeking to transfer OP No.767/2021 (Annexure 3) from the Family Court, Ottapalam to the Family Court, Palakkad.

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 the wedlock. Their marital relation is strained. The respondent has filed O.P.No.394/2021 (Annexure 1) before the Family Court, Palakkad against the petitioner for divorce. As the custody of the children was denied to the petitioner, she filed Annexure A3 before the Family Court, Ottapalam, the competent Court within whose jurisdiction the children are residing. Since there are two proceedings between the parties in two courts, Annexure A3 may be transferred from the Family Court, Ottapalam to the Family Court, Palakkad, so that the cases can be consolidated and jointly tried, which would save precious judicial time and avoid conflict of decisions and would be convenient to both parties. Hence, the transfer petition.

3. Heard; Sri. P.K. Mohanan, the learned counsel appearing for the petitioner and Sri. R.Sreehari, the learned counsel appearing for the respondent.

4. Sri. R. Sreehari submitted that the Family Court, Ottapalam and the Family Court, Palakkad are equidistant for the parties and, therefore, the respondent has no objection in Annexure A3 being transferred from the Family Court, Ottapalam to the Family Court, Palakkad.

5. In the light of the above submission and on a consideration of the pleadings and materials, I am of the view that the transfer petition is to be allowed, so that the cases can be consolidated and jointly tried, which would save precious judicial time.

In the result, in exercise of the discretionary powers of this Court under Article 24 of the Code of Civil Procedure , I allow the transfer petition in the following manner:

(i) OP No.767/2021 is transferred from the Family Court, Ottapalam to the Family Court, Palakkad.

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

(iv) The Family Court, Palakkad shall, immediately on receipt of the records in Annexure-A3, post the case along with Annexure A1.

Sd/-

C.S.DIAS, JUDGE

rkc/26.09.22

APPENDIX OF TR.P(C) 469/2022 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE PETITION DATED

24.03.2021 IN O.P. 394 OF 2021 ON THE FILE OF FAMILY COURT, PALAKKAD FILED BY THE RESPONDENT AGAINST THE PETITIONER.

Annexure 2 TRUE COPY OF THE COUNTER STATEMENT DATED

15.06.2022 IN O.P. 394/2021 ON THE FILE OF FAMILY COURT, PALAKKAD.

Annexure 3 TRUE COPY OF THE O.P. 767/2021 DATED

08.11.2021 ON THE FILE OF FAMILY COURT, OTTAPALAM.