IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 3^RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944 TR.P(C) NO. 734 OF 2022 TO TRANSFER OP 1228/2022 OF FAMILY COURT, KASARAGOD PETITIONER/S:

SHAHANA V.V D/O SUNITHA V.V, AGED 23 YEARS, RESIDING AT SHISHA NIVAS, ACHAMTHURUTHI P.O, VIA CHERUVATHUR, CHERUVATHUR VILLAGE, HOSDURG, KASARGODE, PIN -

671351 BY ADVS.

THOMAS T.VARGHESE PHILIP T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA ALEX THOMAS ARJUN RAJA P.C.

SREENATH VIJAYARAGHAVAN RESPONDENT/S:

RAJINNATH K AGED 31 YEARS S/O RAGHUNATHAN K, AGED 31 YEARS, RESIDING AT AISWARYA NIVAS, KUZHICHAL NIVAS, NEAR SATHYAM FLOOR MILL, PARASSINIKKADEVU P.O, ANTHOOR VILLAGE, KANNUR, PIN - 670562 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.S DIAS,J.

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Tr.P (C)No.734 of 2022 -----------------------------

Dated this the 3rd day of February, 2023.

ORDER

The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer OP No.1228/2022 (Annexure-A3) from the Family Court, Kannur, to the Family Court,Kasargod.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. The marital relationship is strained. The respondent has refused to maintain the petitioner. She has filed MC No.136/2022 (Annexure A1) before the Family Court, Kasargod, against the respondent, for an order of maintenance and MC No. 90/2022 (Annexure A2) before the Judicial First Class Magistrate-I, Hosdurg, against the respondent, invoking the provisions of the Protection of Women from Domestic Violence Act, 2005. The respondent is contesting Annexure A1 before the Family Court, Kasargod. Therefore, no inconvenience would be caused to him in Annexure A3 being transferred to the Family Court, Kasargod. Hence, the transfer petition.

3. Heard; Sri.Philip T Varghese, 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], Santhini V. Vijaya Venkatesh [2017 (5) KHC 48] and N.C.V Aishwarya vs. 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 pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that Annexure A1 is already pending before the Family Court, Kasargod and the respondent is contesting the proceeding before the said Court, I am inclined to exercise the discretionary powers of this Court under Sec.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) OP No.1228/2022 is transferred from the Family Court, Kannur to the Family Court, Kasargod.

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

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

SD/-

sks/3.2.2023 C