(1.) The appellant is the petitioner in Tr.P.(C)No.402 of 2021, a petition filed under Sec. 24 of the Code of Civil Procedure, 1908, seeking transfer of O.P.No.2364 of 2017 pending before the Family Court, Ernakulam, either to Family Court, Muvattupuzha or any other Family Court, as this Court may deem fit, for trial and disposal on merits. The 1st respondent is the wife and the 2nd respondent is the daughter of the appellant. They filed O.P.No.2364 of 2017 against the appellant, under Sec. 7(1)(c) of the Family Courts Act, 1984, seeking a decree directing the appellant to return gold ornaments weighing 70 sovereigns given at the time of marriage to the 1st respondent or its present value with interest from the date of marriage till realisation. In the said original petition they sought various reliefs, including payment of a sum of Rs.50,00,000.00 towards the marriage expenses of the 2nd respondent. In Tr.P.(C)No.402 of 2021, it is alleged that, on 7/7/2021, when O.P.No.2364 of 2017 came up for consideration, the Presiding Officer of the Family Court made certain observations against the appellant, as stated in paragraph 7 of the Transfer Petition. The learned Single Judge called for a report from the Presiding Officer of the Family Court. Pursuant to that direction, the Presiding Officer submitted a report dtd. 3/9/2021. After considering the rival contentions, the learned Single Judge by the order dtd. 23/9/2021 dismissed Tr.P.(C)No.402 of 2021 with a cost of Rs.15,000.00 and the appellant was directed to deposit cost before the Family Court, Ernakulam, within a period of two weeks from the date of the order, for payment to the respondents. Feeling aggrieved by the order dtd. 23/9/2021 of the learned Single Judge in Tr.P.(C).No.402 of 2021, the appellant is before this Court in this Transfer Appeal filed under Sec. 5 of the Kerala High Court Act, 1958.
(2.) On 21/10/2021, when this Transfer Appeal came up for admission, after hearing the arguments of learned counsel on both sides, this Court called for the records in O.P.No.2364 of 2017 pending before the Family Court, Ernakulam, including the memo filed by the Advocate Commissioner with the request to surrender warrant. The Presiding Officer of the Family Court has submitted a report dtd. 1/11/2021, wherein it is stated that, an Advocate Commissioner was appointed in I.A.No.2700 of 2021 filed by the appellant herein to call upon the Manager, State Bank of India, M.G. Road Branch, Ernakulam, to produce certain documents relating to the safe deposit locker in the joint name of the appellant and the 1st respondent. The appellant was directed to pay the Commissioner's Batta and to file memo on 7/7/2021 and the case was posted to 12/7/2021 awaiting Commissioner's report. The appellant failed to pay the Commissioner's Batta and hence warrant could not be issued to the Commissioner. On 12/7/2021, I.A.No.2700 of 2021 was dismissed since the appellant failed to pay the Commissioner's Batta.
(3.) Heard the learned counsel for the appellant and also the learned Senior Counsel for the respondents.