DR NAYANA P CHANDRAN v. VENUGOPAL MADHUKAR SHENOY

O R D E R Dated this the 22nd day of March, 2024 The petitioner seeks transfer of O.P.No.3169/2021 pending before the Family Court, Ernakulam to the Family Court, Kollam, essentially on the ground of convenience of the petitioner/wife. The Original Petition sought to be transferred is one for return of gold ornaments.

Learned counsel for the petitioner would point out that, O.P.No.1216/2020, preferred by the petitioner/wife seeking divorce is already pending before the Family Court, Kollam. Besides a maintenance case preferred by the petitioner/wife is also pending before the Family Court, Kollam. On such premise, the above O.P. for return of gold ornaments is also sought to be transferred to the Family Court, Kollam. Tr.P.(C).NO. 824 of 2023 ..3..

This application is seriously opposed by the learned counsel for the respondents, pointing out that, in O.P.No.1216/2024 for divorce, evidence has already been commenced and therefore, the present Original Petition cannot be clubbed with the same. It was also pointed out that, the gold ornaments are kept in the H.D.F.C. Bank in a branch at Ernakulam, for which reason also the transfer sought for from the Family Court, Ernakulam cannot be allowed. It was further pointed out that, several applications are pending in the instant Original Petition bearing no.3169/2021 and the intention of the petitioner is only to delay the disposal of the said Original Petition, as otherwise, the transfer now sought for could have been sought for much earlier.

Having heard the learned counsel appearing on both sides, this Court is inclined to allow the instant Transfer Petition. This Court takes stock Tr.P.(C).NO. 824 of 2023 ..4.. of the settled legal position that the convenience of wife is a matter to be taken into consideration, while fixing the forum for adjudication of matrimonial disputes, as held by the Hon'ble Supreme Court in a catena of cases, including N.C.V.Aishwarya v. A.S.Saravana Karthik Sha [AIR 2022 SC 4318]. The fact that the gold ornaments are kept in the H.D.F.C. Bank at Ernakulam, is no reason to refuse the transfer sought for. Similarly, the apprehension of the petitioner that the intention is only to delay, is also misconceived, inasmuch as, the instant Original Petition is one filed by the petitioner/wife only. However, simultaneous with directing transfer, this Court also directs that O.P.No.3169/2021 need not be clubbed along with O.P.No.1216/2020, for the solitary reason that the evidence in the latter case had already been commenced. Clubbing may result in delay and inconvenience to both the parties. Tr.P.(C).NO. 824 of 2023 ..5..

In the result, this Transfer Petition is allowed, directing transfer of O.P.No.3169/2021 pending before the Family Court, Ernakulam, to the Family Court, Kollam. The transferor Court shall transmit the entire records to the transferee Court, forthwith. Inasmuch as, the matter now being transferred is of the year 2021, the learned Family Court Judge, Kollam, will give due priority to the matter, based on the year of filing. TR Sd/- C. JAYACHANDRAN JUDGE Tr.P.(C).NO. 824 of 2023 ..6.. APPENDIX OF TR.P(C) 824/2023 PETITIONER ANNEXURES Annexure A1 Annexure A2 RESPONDENT EXHIBITS Exhibit R1(a) Exhibit R1(b) A TRUE COPY OF THE OP 3169 OF 2021,FILED BEFORE FAMILY COURT, ERNAKULAM DATED 27/12/2021 TRUE COPY OF THE ORDER OF THE HON'BLE HIGH COURT IN TRANSFER PETITION (CIVIL) 580/2023 DATED 16/10/2023 True copy of the objection filed by the respondent and others before the Kerala Youth Commission dated 10-11-2022. True copy of the order of the Disciplinary Committee No. V of the Bar Council of Kerala dated 5th February, 2023