Allowed

Suneera P.S v. Siddique A.M.

Kerala HC22 Sept 2016Tr.P(C)/417/2016

Case brief

AI extract

What is this about?

In this transfer petition, the High Court of Kerala transferred a matter for restitution of conjugal rights from Family Court, Kalpetta to Family Court, Kozhikode. The transfer was granted to avoid hardship for the petitioner, a non-earning mother residing with her parents, considering pending related cases in Kozhikode.

What did the court decide?

O.P.No.115 of 2016 transferred from Family Court Kalpetta to Family Court Kozhikode; records to be transmitted immediately.

Suneera P.S Vs Siddique A.M. — Matrimonial and Divorce | Kerala HC (2016)

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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 K.RAMAKRISHNAN

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THURSDAY, THE 22ND DAY OF SEPTEMBER 2016/31ST BHADRA, 1938

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TR.P(C).NO. 417 OF 2016 ()

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OP 115/2016 OF FAMILY COURT, KALPETTA

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PETITIONER:

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SUNEERA P.S, AGED 24, D/O.SULAIMAN, PILAKUDIDATHIL HOUSE, PUTHUPPADI P.O., KOZHIKODE DISTRICT.

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BY ADVS.SRI.M.R.ANISON SMT.K.P.GEETHA MANI SMT.V.BHARGAVI (PANANGAD) SMT.P.A.RINUSA

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RESPONDENT(S):

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SIDDIQUE A.M., AGED 30, S/O.MUHAMMED, ACHANIL HOUSE, NEDUMPALA, MEPPADDI P.O., WAYANAD DISTRICT.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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TR.P(C).NO. 417 OF 2016

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APPENDIX

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PETITIONERS EXHIBITS:-

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ANNEXURE-I:COPY OF THE ORDER DATED 27.04.2016 IN C.M.P. NO.975/2016 IN M.C. NO.52/2016.

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ANNEXURE-II:COPY OF THE PETITION FILED BY THE RESPONDENT BEFORE THE HON'BLE FAMILY COURT, KALPETTA, DATED 17.05.2016.

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ANNEXURE-III:COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOZHIKODE DATED JUNE 2016.

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RESPONDENTS EXHIBITS: NIL

/TRUE COPY/

P.A. TO JUDGE

SKV

K.RAMAKRISHNAN, J.

======================= Transfer Petition (Civil) No.417 of 2016 =======================

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Dated this the 22^nd day of September, 2016

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ORDER

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This is an application filed by the petitioner seeking transfer of O.P.No.115 of 2015 of Family Court Kalpetta to the Family Court Kozhikode under Section 24 of the Code of Civil Procedure.

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It is alleged in this petition that the respondent married the petitioner on 29.04.2012 and a girl child was born to them in that wedlock on 25.02.2013. After sometime, the relationship between them strained and now they are living separately. The petitioner filed M.C.No.301 of 2013 before the Judicial First Class Magistrate's Court-I, Thamarassery, seeking relief under the provisions of Protection of Women from Domestic Violence Act and also a case has been registered and taken in file as C.C.No.977 of 2013 against the respondent under Sections 406 and 498A of the Indian Penal Code and and those cases were settled between the parties on 05.07.2014. After the settlement they started residing together and thereafter, again she has to vacate the house and started residing with her parents. She filed M.C.No.52 of 2016 before the Judicial First Class Magistrate's

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Transfer Petition (Civil) No.417 of 2016 -2-

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Court-I, Thamarassery again under the provisions of Protection of Women from Domestic Violence Act as Annexure I, pending before that court. The respondent filed Annexure II petition as O.P.No.115 of 2016 before the Family Court Kalpetta for restitution of conjugal rights. The petitioner also filed Annexure III petition as O.P.513 of 2016 before Family Court, Kozhikode for dissolution of marriage under the provisions of Dissolution of Muslim Marriage Act and that is pending before Family Court, Kozhikode. She is finding it difficult to go to Family Court, Kalpetta to contest the case. So it is necessary in the interest of justice to transfer the case to Family Court, Kalpetta to Family Court, Kozhikode. Hence this petition.

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Though notice was served on the respondent, there is no appearance. Heard Smt. B. Bhargavi counsel appearing for the petitioner who argued in support of the averments in the petition sought for allowing the petition.

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It is seen from the petition that the petitioner and respondent are wife and husband and a child was born to them in that wedlock. There were earlier proceedings between the parties and that was settled between them and they started residing together in the year 2014. Thereafter again, difference of opinion

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Transfer Petition (Civil) No.417 of 2016 -3-

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arose and petitioner had to leave the matrimonial home and residing with her parents. Thereafter she filed Annexure 1 petition before the Judicial First Class Magistrate's Court -I, Thamarassery under Protection of Women from Domestic Violence Act and also filed Annexure III petition for dissolution of marriage before the Family Court, Kozhikode and both these cases are pending in the respective courts. In the meantime, the respondent herein filed Annexure II petition as O.P.No.115 of 2016 before Family Court, Kalpetta for restitution of conjugal rights. Petitioner is now residing with her parents with a minor child and she is without any employment. Since there are two cases pending between the parties in Kozhikode and Thamarassery, no hardship will be caused to the respondent, if the case pending before Family Court Kalpetta is also transferred to Kozhikode. Hence this petition.

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Since there after, two cases pending, one before Judicial First Class Magistrate's Court-I, Thamarassery and other before Family Court Kozhikode, no hardship will be caused to the respondent, if the case pending before Family Court, Kalpetta is transferred to Kozhikode. Further, asking a lady without employment, with a minor child, living with her parents to go to Kalpetta to contest the case will cause unnecessary hardship to

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Transfer Petition (Civil) No.417 of 2016 -4-

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her as well. So this Court feels that it is necessary in the interest of justice to transfer O.P.No.115 of 2016 pending before Family Court, Kalpetta to Family Court, Kozhikode for disposal.

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So the application is allowed and O.P.No.115 of 2016 on the file of Family Court, Kalpetta (Wayanad) is withdrawn and transferred to Family Court Kozhikode for disposal. Family Court Kalpetta is directed to transmit the records to Family Court Kozhikode immediately.

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Registry is directed to communicate this order to both the courts immediately.

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K.RAMAKRISHNAN, JUDGE

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SKV

Suneera P.S v. Siddique A.M.

Case brief

What is this about?

What did the court decide?

Suneera P.S v. Siddique A.M.

Case brief

What is this about?

What did the court decide?

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