Transfer Petition filed to shift a pending maintenance suit from Family Court, Ernakulam to Family Court, Palakkad. The petitioner claimed physical disability as a ground. The High Court held transfer not just or convenient for interests of justice and dismissed the petition.
Transfer Petition dismissed; case remains with Family Court, Ernakulam.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 19TH DAY OF SEPTEMBER 2016/28TH BHADRA, 1938
Tr.P(C).No. 658 of 2015 ()
OP 1250/2015 of FAMILY COURT, KOTTARAKKARA TO FAMLY COURT, ATTINGAL, THIRUVANANTHAPURAM
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PETITIONER(S)/1ST RESPONDENT :
RASEENA, D/O.MUHAMMED BASHEER,
SAJINA MANZIL, NEAR GOVT.HIGHER SECONDARY SCHOOL, ALAMCODE VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM-695522.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT(S)/PETITIONER AND R2 AND 3:
1. SAVAD B.S/O.BADARSUMAN,AGED 39 YEARS, BISMILLAH HOUSE, KIZHAKKUMBHAGHOM, CHITHARA P.O., CHITHARA, KOLLAM DISTRICT-691001
2. SHAIJU K.S., AGED 36 YEARS, S/O.JALALUDHEEN, CHARUVILA HOUSE, MANNARAKKODE VILA, VALAVUPACHA P.O., CHITHARA P.O., CHITHARA, KOLLAM DISTRICT-691001
3. MUHAMMED BASHEER, AGED 60 YEARS, CHARUVILA PUTHENVEEDU, CHOZHIYAKODE P.O., KULATHOORPUZHA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT - 691506
R1 BY ADV. SRI.M.DINESH
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Tr.P(C).No. 658 of 2015 ()
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE A1: COPY OF THE PETITION IN OP NO. 730/2016 BEFORE THE FAMILY COURT, ATTINGAL.
ANNEXURE A2: COPY OF THE OP NO. 1250/2015 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA.
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
B.KEMAL PASHA, J.
................................................................ Tr.P.(C) No.658 of 2014
............................................................... Dated this the 9th day of June, 2015
O R D E R
The petitioner is seeking the transfer of OP 1909/2014 pending before the Family Court, Ernakulam to the Family Court, Palakkad. According to the petitioner, he is a physically handicapped person with 20% physical disability. OP 1909/2014 of the Family Court is filed by the divorced wife of the petitioner seeking past and future maintenance to the first respondent and the 2nd respondent and also for the marriage and educational expenses of the 2nd respondent.
Tr.P.(C) 658 of 2014
-: 2 :-
Court, Palakkad. It has been pointed out that so far a single pie has not been paid by the petitioner herein towards the maintenance of the respondents. The respondents are residing at Ernakulam.
this petition is only to be dismissed, and I do so.
In the result, this Transfer Petition is dismissed.
Sd/- B.KEMAL PASHA, JUDGE
ul/-
// true copy //
P.S. to Judge.
2 issues framed by the court
Whether a transfer petition for shifting a maintenance case from Family Court, Ernakulam to Family Court, Palakkad should be allowed in the facts and circumstances of the case.
Whether the alleged physical disability of the petitioner justifies the transfer of a pending maintenance case.
B.KEMAL PASHA
PETITIONER
DIVORCED WIFE OF PETITIONER
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
