C.S DIAS,J.

1. The transfer petition is filed under Sec.24 of the Code of Civil Procedure, seeking to transfer O.P (HMA) No.556/2021 (Annexure 3) from the Family Court, Kollam to the Family Court, Thiruvananthapuram.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. Due to the matrimonial cruelty meted out to her by the respondent, she has filed MC 18/2021 (Annexure 1) before the Chief Judicial Magistrate Court, Thiruvananthapuram, invoking the provisions of the Protection of Women from Domestic Violence Act, 2005. She has also filed MC 131/2021 (Annexure 2) before the Family Court, Thiruvananthapuram, seeking an order of maintenance for herself and child. Now the respondent as a counterblast to the above proceedings has filed Annexure 3, seeking a decree for restitution of conjugal rights. The respondent is contesting Annexures 1 and 2 before the Courts in Thiruvananthapuram. Therefore, no hardship would be caused to him in Annexure 3 being transferred from the Family Court, Kollam to the Family Court, Thiruvananthapuram. Hence, the transfer petition.

3. Heard 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] and Santhini V. Vijaya Venkatesh [2017 (5) KHC 48 [LQ/SC/2017/1484] ]. 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 uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that Annexures 1 and 2 are pending before the Courts in Thiruvananthapuram, and the respondent has already entered appearance, and the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure.

6. In the result, I allow the transfer petition by ordering the transfer of O.P (HMA) No.556/2021 from the Family Court, Kollam to the Family Court, Thiruvananthapuram. The parties would be at liberty to seek for consolidation and joint trial of all the cases between them. The Registry shall forward a copy of this judgment to the Family Court, Kollam, with instructions to forthwith transmit the records in Annexure 3 to the Family Court, Thiruvananthapuram.

7. The Family Court, Thiruvananthapuram, shall, immediately on the receipt of the records in O.P (HMA) 556/2021, post Annexure 3 along with Annexure 2.