LAWS(KER)-2012-6-500

PREETI YOHANNAN Vs. ABRAHAM K MATHEN

Decided On June 26, 2012
PREETI YOHANNAN Appellant
V/S
ABRAHAM K MATHEN Respondents

JUDGEMENT

(1.) The Registry has noted a defect and has objected to the numbering of the Transfer Petition (Civil) filed under Section 24 of the Code of Civil Procedure, 1908. The objection is that separate petitions need to be filed to transfer independent proceedings pending in the court below. The petitioner seeks transfer of the following proceedings from the Family Court, Nedumangad to the Family Court, Thiruvananthapuram.

(2.) Instances are many where a consolidated petition for transfer is filed even though the parties are different in the proceedings merely because a few of them are common. Separate petitions for transfer of independent suit, appeal or proceeding is essential to adjudge the need set forth in the same.Different considerations prevail for transfer of independent proceedings even if they have a common nexus and the finding in one has a bearing in another. The contention that all procedure should be deemed to have been permitted unless prohibited in the High Court Rules, 1971 (Kerala) does not at all impress me. The objection raised by the Registry is sustained. The Registry shall return the Transfer Petition (Civil) to the petitioner for representation after appropriate correction.