Allowed

K.S.Sheeja v. K.M.Shajeed

Kerala HC16 Jul 2008Tr.P(C)/152/2008

Case brief

AI extract

What is this about?

In a transfer petition filed under Section 24 CPC, the High Court of Kerala allowed the transfer of a matrimonial dispute from Family Court, Thrissur to Family Court, Palakkad. The court dismissed the respondent's apprehension of danger and noted the hardship faced by the petitioners' aged parents regarding travel to Thrissur.

What did the court decide?

Transfer of O.P. 745/2008 from Family Court, Thrissur to Family Court, Palakkad and withdrawal of the suit in Thrissur.

K.S.Sheeja Vs K.M.Shajeed — Civil Procedure and Limitation | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930

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Tr.P(C).No. 152 of 2008()

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------------------------OP.745/2008 of FAMILY COURT,THRISSUR ....................

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PETITIONERS(RESPONDENTS IN THE COURT BELOW):

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---------------------------------------------------------------------------------

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1. K.S.SHEEJA ,D/O.SULAIMAN, AGED 28 YEARS

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2. ADHI, D/O.SHEEJA

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3. AMRIN, D/O.SHEEJA

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PETITIONERS 2 AND 3 ARE MINORS REPRESENTED BY 1ST PETITIONER, THEIR MOTHER PETITIONERS ARE RESIDING AT KALATHIL HOUSE, ALAMPALLAM DESAM, KAYARADI P.O., NENMARA VIA, PALAKKAD DISTRICT.

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BY ADV. SRI.JACOB SEBASTIAN

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RESPONDENT:(PETITIONER IN THE COURT BELOW):

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------------------------------------------------------------------------------

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K.M.SHAJEED, S/O.MUHAMMAD HANIFA, KALLUPARAMBIL HOUSE, BENNATT ROAD, KALATHODU P.O., OLLUKARA, THRISSUR TALUK, TRISSUR DISTRICT.

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BY ADV. SRI.G.SREEKUMAR (CHELUR) R1

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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ORDER IN I.A.NO.1483/2008 IN TRP(C)NO.152/2008

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DISMISSED

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16/07/2008

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SD/- M.SASIDHARAN NAMBIAR,JUDGE

/TRUE COPY/

P.A.TO JUDGE

Kss

M.SASIDHARAN NAMBIAR, J.

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TR.PC).No. 152 OF 2008

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DATED THIS THE 16TH DAY OF JULY, 2008

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ORDER

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First petitioner is the wife and other petitioners, the daughters of respondent. This petition is filed under Section 24 of Code of Civil Procedure to transfer O.P.745 of 2008 pending before Family Court, Thrissur to Family Court, Palakkad.

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Learned counsel appearing for petitioners and respondent were heard. Learned counsel appearing for petitioners submitted that originally O.P.548 of 2007 and M.C.322 of 2007 were pending before Family Court, Palakkad and O.P.435 of 2006 before Family Court, Thrissur and due to intervention of Counsellors, the disputes were settled and parties started living together and subsequently the relationship got strained and respondent filed GOP 745 of 2008 before Family Court, Thrissur. It was argued that when petitioners have only aged and ailing parents and the only brother is at Bangalore and there is nobody else to accompany them to Thrissur, the case is to be transferred to Family Court, Palakkad. Learned counsel appearing for respondent submitted that respondent apprehends danger to his life, if he is to appear before Family Court,

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TPC 152/2008

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Palakkad and the place of residence of petitioners is not so far of and in such circumstances, the case may not be transferred.

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If Family Court, Palakkad is not far of from the place of

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respondent, no difficulty will be caused, even if case is transferred to Palakkad from Thrissur. If the grievance of petitioner is that he may be attacked by the relatives of petitioners, he is at liberty to seek appropriate protection from Family Court, Palakkad. Considering the submission of petitioners that parents of first petitioner are aged and ailing and the only brother is at Bangalore and there is nobody else to accompany them to Thrissur, in the interest of justice, petition is allowed. GOP 745 of 2008 on the file of Family Court, Thrissur is withdrawn and transferred to Family court, Palakkad for disposal in accordance with law.

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M.SASIDHARAN NAMBIAR, JUDGE

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lgk/-

K.S.Sheeja v. K.M.Shajeed

Case brief

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K.S.Sheeja v. K.M.Shajeed

Case brief

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