Petitioner prayed that matrimonial cases trying in Malappuram continue there despite jurisdiction shifting to newly established Family Court, Tirur. Court held that transfer is mandatory upon establishment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN
FRIDAY, THE 11TH DAY OF OCTOBER 2013/19TH ASWINA, 1935
OP (FC).No. 3539 of 2013 (R)
----------------------------OP.NO. 1101/2011 OF FAMILY COURT, MALAPPURAM
PETITIONER :
BABU @ MOHAMMED,AGED 36 YEARS, S/O.KARUMANNIL MAIDY, KARUMANNIL HOUSE, VENGARA KUZHIPPURAM, IRINGALLUR P.O., MALAPPURAM DISTRICT, PIN-676 304.
BY ADVS.SRI.P.B.AJOY SRI.S.SREEKUMAR(NORTH PARAVUR)
RESPONDENT :
FATHIMATH SUHRA, AGED 24 YEARS, D/O.ABDUL JALEEL, KOLLANCHERI HOUSE, TIRURANGADI P.O., CHEMMAD, MALAPPURAM DISTRICT, PIN-676 306.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 11-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP (FC).No. 3539 of 2013 (R)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 : TRUE COPY OF JUDGMENT IN OP(FC)NO. 1995/2012 DATED 17-9-2012 THIS HONOURABLE HIGH COURT.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
ANTONY DOMINIC & P.D.RAJAN, JJ
O.P(FC)No.3539 of 2013 ......................................... Dated 11th October, 2013
JUDGMENT
ANTONY DOMINIC, J
Petitioner and respondent are parties in O.P.No.1101 of 2011 and M.C.Nos.20 and 21 of 2011. These cases are pending before Family Court, Malappuram. According to the petitioner, these cases were jointly tried and arguments were also heard. In the meanwhile, Family Court is being established at Tirur and the jurisdiction over these three cases also will fall within the purview of Family Court, Tirur. However, petitioner says that since the aforesaid cases were tried and heard by Family Court, Malappuram, the cases should not be transferred from Malappuram. It is with this prayer, he has approached this court.
op(fc) 3539/13
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establishment. If that be so, on establishment of the Family Court, Tirur, irrespective of whether the cases are already tried and heard by Family Court, Malappuram or not, the cases are bound to be transferred to that court. We cannot therefore accept the request of the petitioner that irrespective of the change of jurisdiction, the cases should be disposed of by Family Court, Malappuram. O.P therefore fails, and is accordingly dismissed.
ANTONY DOMINIC, JUDGE
P.D.RAJAN, JUDGE
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1 issue framed by the court
Whether a matrimonial case pending before Family Court, Malappuram should remain with it or be transferred to newly established Family Court, Tirur, with territorial jurisdiction.
BABU @ MOHAMMED
FATHIMATH SUHRA
ANTONY DOMINIC
P.D.RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
