The High Court of Kerala allowed a transfer petition moving a family suit from the Family Court, Kasaragod, to the Family Court, Kannur, citing the petitioner's difficulty in traveling and the convenience of connected pending matters in Kannur.
Transfer of O.P. 413/2017 from Family Court, Kasaragod to Family Court, Kannur.
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 B.SUDHEENDRA KUMAR
FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941
Tr.P(C).No.188 OF 2019
AGAINST THE ORDER/JUDGMENT IN OP 413/2017 OF FAMILY COURT, KASARAGOD
PETITIONER/S/PETITIONER:
SAMEERA T.P., AGED 36 YEARS, D/O. LATE ABDULLA, THAYYIL PUTHIYA PURAYIL, PAYYANNUR AMSOM KAVVAYI DESOM, KAVVAYI, TALIPARAMBA TALUK, KANNUR DISTRICT 670 339
BY ADVS. SRI.O.V.MANIPRASAD SRI.JOSE ANTONY SRI.S.SHIV SHANKAR
RESPONDENT/S:
1 MUHAMMED IQBAL M.T.P., S/O. A.K ABDUL KHADER HAJI, MANAKKAT THEKKE PEEDIKAYIL, KANJIYIL, BEERICHERY, TRIKARIPUR P.O, HOSDURG TALUK, KASARAGOD DISTRICT PIN 671 310
2 ABDULLA M.T.P, AGED 56 YEARS S/O. A.K ABDUL KHADER HAJI, MANAKKAT THEKKE PEEDIKAYIL, KANJIYIL, BEERICHERY, TRIKARIPUR P.O, HOSDURG TALUK, KASARAGOD DISTRICT PIN 671 310
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
In this transfer petition, the prayer is to transfer O.P. No. 413/2017 on the files of the Family Court,
Kasaragod to the Family Court, Kannur.
appearance for the respondents.
minor children to be looked after. She is having no employment, submitted by the learned Counsel for the petitioner. There is also nobody to look after the children.
There is also nobody to accompany her to the Family Court, Kasaragod. In the said circumstances, she finds
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it very difficult to travel all the way from her house at Taliparampa to the Family Court, Kasaragod. That apart, two other connected matters are also pending before the Family Court, Kannur. Having regard to the above facts and circumstances of the case, I am of the view that transferring the above case to the Family Court, Kannur will be convenient to the petitioner. Since the connected matters are pending before the Family Court, Kannur, I am of the view that the transferring of the above said case to the Family Court, Kannur will not cause any prejudice to the respondents. In the said circumstances, I am inclined to allow this transfer petition.
In the result, this Transfer Petition stands allowed, transferring O.P. No.413/2017 on the files of the Family
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Court, Kasaragod to the Family Court, Kannur for the trial and disposal, in accordance with law. The case
records shall be transmitted to the transferee court forthwith.
The petitioner shall appear before the transferee
court on 20.11.2019 without further notice.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
RK/19.10.2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE PETITION IN O.P 413/2017 ON THE FILE OF THE FAMILY COURT, KASARAGOD
ANNEXURE A2 A TRUE COPY OF THE COUNTEER FILED BY THE RESPONDENTS IN O.P 413/2017 OF THE FAMILY COURT, KASARAGOD ANNEXURE A3 A TRUE COPY OF THE PETITION IN M.C 330/2017 BEFORE THE FAMILY COURT, KANNUR ANNEXURE A4 A TRUE COPY OF THE COUNTER FILED BY THE 1ST RESPONDENT IN M.C 330/2017 OF THE FAMILY COURT, KANNUR
ANNEXURE A5 A TRUE COPY OF THE PETITION IN O.P 1084/2017 ON THE FILE OF THE FAMILY COURT, KANNUR
ANNEXURE A6 A TRUE COPY OF THE COUNTER STATEMENT DATED 14-12-2017 IN O.P 1084/2017 OF THE FAMILY COURT, KANNUR.
1 issue framed by the court
Whether the pending family suit vouching for the convenience of the petitioner and connected pending proceedings should be transferred.
SAMEERA T.P.
MUHAMMED IQBAL M.T.P.
ABDULLA M.T.P
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
