TPC No. 14 of 2012 · Kerala High Court

TPC.No. 14 of 2012ANNEXUREPETITIONER'S ANNEXURE:A1:COPY OF NEWS EVENT APPEARED IN KOTTAYAM EDITION OF MATHRUBHOOMIDAILY DATED 18-10-2000.A2:COPY OF POLICE COMPLAINT DATED 10-05-2008 FILED BY RESPONDENT'SWIFE BEFORE THE COMMISSIONER OF POLICE, KOCHI CITY.A3:COPY OF ORDER DATED 31-12-2009 OF JUDICIAL FIRST CLASSMAGISTRATE II AT ERNAKULAM IN CRL.MP NO. 4129/2008.A4:COPY OF PROOF AFFIDAVIT DATED 18-10-2010 FILED BY THE FIRSTPETITIONER IN M.C.NO.18/2009 BEFORE THE FAMILY COURT ATERNAKULAM.A5:COPY OF THE ORDER DATED 10-09-2009 PASSED BY THE FAMILY COURT ATERNAKULAM IN IA NO.2997 OF 2009 IN OP NO.1116 OF 2009, TOGETHERWITH THE ATTACHMENT SCHEDULE OF PROPERTY.A6:COPY OF O.S. NO.190/2011 FILED BY THE RESPONDENT AGAINST THEPETITIONERS BEFORE THE MUNSIFF COURT III AT ERNAKULAM.A7:COPY OF I.A.NO.1289/2011 IN OS. NO. 190/2011 WITH ORDER DATED21-02-2011.RESPONDENT'S ANNEXURE:NIL//TRUE COPY//P.A. TO JUDGE.LSN S.S.SATHEESACHANDRAN, J--------------------------------------T.P.(C) No.14 OF 2012-----------------------------------------Dated this the 11th day of January 2012ORDERThe defendants in O.S No.190/2011 on the file of the Munsiff'sCourt, Ernakulam have filed this Transfer Petition under Section 24 of the Code of Civil Procedure.

Suit is one for injunction, both prohibitory and mandatory. Plaintiff in that suit is the father of the 1st petitionerhereunder and the 2nd petitioner is the wife of the 1st petitioner. Annexure A6 is the copy of the plaint in the above suit. As between the plaintiff and his wife, proceedings are pending before the FamilyCourt, Ernakulam. More so, according to the counsel, by the applicability of Section 7(1)(d) of the Family Court's Act, 1984, the court established under that Act alone has jurisdiction to entertain and adjudicate disputes involved in the aforesaid suit. So much so, the suit has to be transferred to the Family Court, Ernakulam, where the other proceedings as between the spouses, as referred to above, are pending, is the submission of the counsel. If at all the petitioners have any case that the court before which the suit is pending lack inherent jurisdiction to entertain the lis, necessarily, they have to invite the T.P.(C) No.14 OF 2012 2attention of court thereto and seek for appropriate orders.

This court cannot be called upon to examine in a transfer petition questions relating to the jurisdiction of the court, before which the plaint had already been presented and entertained. I do not want to express any opinion on the plea raised by the counsel with respect to the lack of jurisdiction with the court, before which the suit is now pending for consideration. That is a matter, if raised for consideration before that court. So far as the request made for transfer, with reference to the submissions made as above, I find, this is not a fit case where it can beallowed. Without prejudice to the right of the petitioners to raise questions relating to jurisdiction, as canvassed for, the Petition is dismissed. Sd/-vdv S.S.SATHEESACHANDRAN, JUDGE//True Copy//P.A to Judge