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2017 Supreme(Online)(KER) 52367
HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
SHASNA – Appellant
Versus
KISHORE – Respondent
Tr.P(C) 577 2017
SRI.T.N.SURESH, SRI.V.S.ANU, SMT.A.S.CHINJU DUTH, SMT.DHANUJA VETTATHU, SRI.RAJESH SIVARAMANKUTTY
The court upheld the principle that case transfers may be granted for convenience when circumstances, including pending related cases, support such action.
Headnote:
Transfer - Family Law - Code of Civil Procedure, 1908 Section 24 - This case interprets the provisions for transferring cases between family courts based on convenience, with an emphasis on the circumstances affecting the parties involved.
Fact of the Case:
The petitioner seeks to transfer a case for restitution of conjugal rights from one Family Court to another, citing convenience as she resides near the second court, while the respondent contests the transfer as motivated by malice.
Finding of the Court:
The court concluded that the transfer was warranted due to the petitioner’s residence and the pending declaration of marriage nullity in the other court, coupled with prior criminal allegations against the respondent.
Issues: Whether the transfer of the case from one Family Court to another should be granted under Section 24 of the Code of Civil Procedure, considering the convenience and existing circumstances.
Ratio Decidendi: The court identified that the convenience of the parties and the pending related cases justified the transfer of the petition to the respondent's local Family Court.
Final Decision: The transfer petition is allowed and the case is transferred to the Family Court, Thrissur.
ORDER
The petitioner who is the respondent in O.P No.532/2017 on the files of the Family Court, Tirur in Malappuram District is before this court in this transfer petition filed under Section 24 of the Code of Civil Procedure, 1908 seeking an order to transfer the said case from the Family Court, Tirur to the Family Court, Thrissur. O.P No.532/2017 is one filed by the respondent herein seeking a decree for restitution of conjugal rights. The petitioner has also filed O.P No.1451/2017 before the Family Court, Thrissur seeking an order to declare the alleged marriage between the petitioner and the respondent as null and void.
2. On 30.08.2017, when this transfer petition came up for admission, this court admitted the matter on file and issued notice to the respondent by speed post.
This Court has also granted an interim stay of all further proceedings in O.P No.532/2017 for a period of one month and the said interim order was extended further by ten days on 28.09.2017 and thereafter on 04.10.2017.
3. The respondent has filed a counter affidavit dated 09.10.2017 contending that the conduct of the case before the Family Court, Tirur is more convenient to the petitioner and that, the transfer petition is filed with malafide intentions.
4. Heard the learned counsel for the petitioner and also the learned counsel for the respondent.
5. From the pleadings and materials on record it can be seen that O.P No.1451/2017 filed by the petitioner seeking a decree to declare the alleged marriage as null and void is pending consideration before the Family Court, Thrissur. On the other hand, O.P No.532/2017 filed by the respondent before the Family Court, Tirur is one for restitution of conjugal rights. Since the petitioner is admittedly, residing at Thrissur in her parental home and since the original petition filed by her as O.P No.1451/2017 seeking a decree to declare the alleged mariage as null and void is pending consideration before the Family Court, Thrissur, this Court find absolutely no reason to decline the relief sought for in this transfer petition, especially when, as borne out from Annexure A3 FIR in Crime No.648/2017 of Vadakkekad Police Station, based on an FIS dated19.08.2017 a crime has already been registered against the respondent under Section 294 (b), Section 506 of the Indian Penal Code, 1860 and Section 120 (o) of the Kerala Police Act, 2011 . It was after the registration of the said crime that the respondent filed O.P No.532/2017 before the Family Court, Tirur seeking a decree for restitution of conjugal rights.
6. Considering the facts and circumstances of the case, this Court finds that the petitioner has made out a case for transfer of O.P.No.532/2017 pending before the Family Court, Tirur to the Family Court, Thrissur. Accordingly, O.P.No.532/2017 pending before the Family Court, Tirur is withdrawn and transferred to the Family Court, Thrissur.
7. The Family Court, Tirur is directed to transmit the records to the Family Court, Thrissur. The Registry is directed to communicate a copy of this order to both the courts immediately.
8. Both parties shall appear before the Family Court, Thrissur, on 30.10.2017.
This Transfer petition is disposed of as above.
