Allowed

Shabna.S.S v. Shamseer Khan

Kerala HC24 May 2019Tr.P(C)/120/2019

Case brief

AI extract

What is this about?

In this transfer petition, the petitioner sought to transfer O.P. No. 835 of 2018 from the Family Court at Nedumangad to the Family Court at Attingal. The court allowed the transfer to consolidate proceedings, noting that related cases are already pending at Attingal and that neither party resided in Trivandrum/Attingal.

What did the court decide?

Transfer of O.P. No. 835 of 2018 from Family Court, Nedumangad to Family Court, Attingal with transmission of files.

Shabna.S.S Vs Shamseer Khan — Matrimonial and Divorce | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

FRIDAY, THE 24TH DAY OF MAY 2019 / 3RD JYAISHTA, 1941

¶5

Tr.P(C).No. 120 of 2019

¶6

TO TRANSFER O.P.No.835/2018 of FAMILY COURT, NEDUMANGAD TO FAMILY COURT, ATTINGAL

¶7

PETITIONER/RESPONDENT:

¶8

SHABNA.S.S AGED 24 YEARS W/O.SHAMSEER KHAN, SAMBRA MANZIL, POTHENCODE.P.O., ANDOORKONAM VILLAGE, THIRUVANANTHAPURAM.

¶9

BY ADV. SRI.SHAJIN S.HAMEED

¶10

RESPONDENT/PETITIONER:

¶11

SHAMSEER KHAN, AGED 28 YEARS S/O.ABDUL SATHAR, RAJAB, MASJID LANE, AZHICODU, CHEKKAKONAM.P.O., ARUVIKKARA, NEDUMANGAD, THIRUVANANTHAPURAM, PIN CODE-695564.

¶12

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(C).120/19

ORDER

Petitioner herein, who is the respondent in O.P.No.835 of 2018 pending before the Family Court, Nedumangad seeks transfer of the case to Family Court, Attingal.

¶17

According to the petitioner herein, she is staying at Andoorkonam Village in Trivandrum and she has already initiated O.P.No.663 of 2018 and M.C.No.125 of 2018, both of which are pending before the Family Court, Attingal. Hence, she seeks transfer of the present case to Family Court, Attingal for disposal of all the cases by the same Court.

¶18

Though notice was served on the respondent, he has not chosen to appear and to contest the proceedings.

¶19

It seems that, two other matters are pending before the Family Court Attingal. Both parties are staying at Trivandum and hence, transfer of the present proceeding pending before the Nedumangad Court to Family Court at Attingal will not case any substantial inconvenience to the respondent also. Hence, I am inclined to allow the transfer petition as follows:

¶20

(i) O.P.No.835 of 2018 now pending before the Family Court, Nedumangad will stand transferred to Family Court, Attingal.

¶21

Tr.P(C).120/19

¶22

¶23

(ii) Family Court, Nedumangad will transmit the entire files to Family Court, Attingal.

¶24

(iii) Both sides shall appear before the Family Court, Attingal on 05.07.2019 without any further order. If the respondent remains absent there, court below shall issue notice to the respondent.

Sd/-

SUNIL THOMAS

Sbna

JUDGE

Tr.P(C).120/19

APPENDIX

PETITIONER'S/S EXHIBITS:

¶33

ANNEXURE -I PHOTOCOPY OF THE PETITION FOR RESTITUTION OF CONJUGAL RIGHTS OP.NO.835/2018 BEFORE THE FAMILY COURT, NEDUMANGAD.

¶34

ANNEXURE II

¶35

PHOTOCOPY OF THE PETITION FOR RETURN OF GOLD ORNAMENTS AND MONEY O.P.NO.663/2018 BEFORE THE FAMILY COURT, ATTINGAL.

¶36

ANNEXURE III

¶37

PHOTOCOPY OF M.C.NO.125/2018 ON THE FILE OF THE FAMILY COURT, ATTINGAL.

Shabna.S.S v. Shamseer Khan

Case brief

What is this about?

What did the court decide?

Shabna.S.S v. Shamseer Khan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sarah Varghese Vs M.Abdul Majeed

V.Renuka Vs Anil Kumar

Jesmi Vs Patrick

Viswambaran, Vs Shylendranath

Ravi, Vs Ramesh

Boby M Sebastian Vs Shine Industries