Allowed

Hazeena v. Thalhath N R

Kerala HC26 Oct 2016Tr.P(C)/469/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition to move Order No. 632/2016 from Family Court, Chavara to Family Court, Kollam. The transfer was granted to avoid multiplicity of proceedings and ensure ease of contest for parties, as related custody cases are already pending in Kollam.

What did the court decide?

Order No. 632/2016 pending before Family Court Chavara was transferred to Family Court Kollam for disposal along with directions to transmit records immediately.

Hazeena Vs Thalhath N R — Service and Employment | 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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WEDNESDAY, THE 26TH DAY OF OCTOBER 2016/4TH KARTHIKA, 1938

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Tr.P(C).No. 469 of 2016 ()

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--------------------------SEEKING TRANSFER OF OP 632/2016 PENDING BEFORE THE FAMILY COURT, CHAVARA TO THE FAMILY COURT, KOLLAM

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

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PETITIONER/RESPONDENT :

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HAZEENA

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D/O.IBRAHIMKUTTY, AGED 35 YEARS, RESIDING AT ANAZ MANZIL, SALAMATH NAGAR - 74, AYATHIL, KALLUMTHAZHAM P.O., KILIKOLLOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT FROM "DHARUL AMAAN", NEDUMPANA, P.O.NEDUMPANA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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BY ADV. SRI.AJAYA KUMAR. G

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RESPONDENT(S)/PETITIONER :

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1. THALHATH N. R

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S/O.NAHOORKANI RAWTHER, AGED 40 YEARS, RESIDING AT "DHARUL AMAAN", NEDUMPANA P.O., NEDUMPANA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN 691580.

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2. AHAMMED

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S/O.IBRAHIM KUTTY, AGED ABOUT 27 YEARS, RESIDING AT ANAZ MANZIL, SALAMATH NAGAR - 74, AYATHIL, KALLUMTHAZHAM P.O., KILIKOLLOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN 691 004.

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3. MUHAMMED ANAS

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S/O.IBRAHIM KUTTY, AGED ABOUT 30 YEARS, RESIDING AT ANAZ MANZIL, SALAMATH NAGAR -74, AYATHIL, KALLUMTHAZHAM P.O., KILIKOLLOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN 691 004.

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-2-

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-2-

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Tr.P(C).No. 469 of 2016 ()

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4. HAFSA

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W/O.IBRAHIM KUTTY, AGED ABOUT 30 YEARS, RESIDING AT ANAZ MANZIL, SALAMATH NAGAR 74, AYATHIL, KALLUMTHAZHAM P.O., KILIKOLLOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN 691 004.

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R2-R4 BY ADV. SRI.M.R.SARIN

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 469 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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ANNEXURE A1 TRUE COPY OF THE ORIGINAL PETITION IN OP NO.1330/2015 OF THE FAMILY COURT, KOLLAM NOW PENIDNG AS OP NO.632/2016 ON THE FILE OF THE FAMILY COURT, CHAVARA ANNEXURE A2 TRUE COPY OF THE ORIGINAL PETITION IN OP NO.1/2016 ON THE FILE OF THE FAMILY COURT, KOLLAM ANNEXURE A3 TRUE COPY OF THE ORIGINAL PETITION IN OP NO.637/2016 ON THE FILE OF THE FAMILY COURT, KOLLAM

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RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------

/TRUE COPY/

PA TO JUDGE

K.RAMAKRISHNAN, J.

---------------------------------------Tr.P.C. No.469 of 2016

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----------------------------------------Dated this the 26^th day of October, 2016

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ORDER

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This is an application filed by the petitioner seeking

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transfer of O.P.No.632/2016 pending before the Family court, Chavara to Family court, Kollam under Section 24 of Code of Civil Procedure.

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It is alleged in the petition that the first respondent married the petitioner on 07.06.2001 and three children were born to them in that wedlock. Eldest son is now with the first respondent and two others are with the petitioner. Respondents 2 and 3 are the brothers and 4^th respondent is the mother of the petitioner. First respondent herein filed Annexure A1 O.P.No.1330/2015 before the Family court, Kollam for a declaration regarding his right, title, possession and interest of the petitioner over plaint B scheduled property

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Tr.P.C. No.469 of 2016 -2-

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and for consequential injunction and also for fixation for boundary separating the A & B scheduled properties. When Family court, Chavara was established, this case was transfered to Family court, Chavara, where it was renumbered as O.P.No.632/2016 and now pending before the Family court, Chavara. The petitioner filed Annexure A3 O.P.No.637/2016 before the Family court, Kollam regarding custody of the eldest son who is now with the first respondent and the first respondent filed Annexure A2 petition as O.P.No.1/2016 for permanent custody of two minor children, who are now with the petitioner. Since those two cases are pending before the Family court, Kollam, if this case is also transfer from Chavara to Kollam, it will be convenient for both the parties to contest the case from one court. The petitioner is finding it difficult to go to Chavara to contest the case. So she prayed for transfer of O.P.No.632/2016 of Family court, Chavara to Family court, Kollam. Hence this petition.

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Heard Sri.Ajaya Kumar G., the counsel appearing

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Tr.P.C. No.469 of 2016 -3-

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for the petitioner and Sri.M.R.Sarin, the learned counsel appearing for the respondents 2 to 4 who are residing along with the petitioner. Though notice was served on the first respondent, he did not appear.

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The case of the petitioner in the petition was that the present petition now pending before the Family court, Chavara was also filed originally before the Family court, Kollam as O.P.No.1330/2015 and then the Family court, Chavara was established, the case was transferred to that court, where it was renumbered as O.P.No.632/2016. There are two other cases pending between the same parties and in that the petitioner is the first respondent in respect of custody of children as O.P.No.1/2016 and O.P.No.637/2016 before the Family court, Kollam and if this case is also transferred to Family court, Kollam, it will be convenient for both the parties, as they can conduct all the cases from one court. This Court is also of the opinion that no hardship will be caused to the first respondent if this case is transferred to Family court, Kollam.

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Tr.P.C. No.469 of 2016 -4-

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So under such circumstances, this Court feels that it is necessary at the interest of justice to transfer O.P.No.632/2016 now pending before Family court, Chavara which was originally filed before Family court, Kollam as O.P.No.1330/2015 for disposal.

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So the application is allowed and O.P.No.632/2016 now pending before Family court, Chavara (Old O.P.No.1330/2015 of Family court, Kollam) is withdrawn and transferred to Family court, Kollam for disposal. Family court, Chavara is directed to transmit the records to Family court, Kollam immediately.

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

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Sd/K.RAMAKRISHNAN, JUDGE

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Hazeena v. Thalhath N R

Case brief

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Hazeena v. Thalhath N R

Case brief

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