Partly allowed

Safeera v. Shajimon Shereef

Kerala HC6 Nov 2019Tr.P(C)/447/2019

Case brief

AI extract

What is this about?

The Kerala High Court allowed a transfer petition seeking to move O.P. 736/2019 from the Family Court, Kottayam, to the Family Court, Tirur. The transfer was granted to accommodate the petitioner, a housewife with minor children residing in Ponnani, to avoid financial and logistical hardship.

What did the court decide?

The transfer petition is allowed; O.P. No. 736 of 2019 is transferred from the Family Court, Kottayam, to the Family Court, Tirur.

Safeera Vs Shajimon Shereef — Kerala HC (2019) — LawSathi Research

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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 B.SUDHEENDRA KUMAR

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WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941

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Tr.P(C).No.447 OF 2019

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OP 736/2019 OF FAMILY COURT, KOTTAYAM

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PETITIONER/S:

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SAFEERA

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AGED 24 YEARS D/O. HASSANKUTTY, MOLLAKANAGATHU VETTIL, KARUKATHIRUTHY, PONNANI (P.O), PONNANI TALUK, MALAPPURAM DISTRICT.

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BY ADVS.

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SRI.K.B.ARUNKUMAR SRI.RANJIT BABU

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RESPONDENT/S:

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SHAJIMON SHEREEF AGED 53 YEARS S/O SHEREEF, KALUPURAKKAL VETTIL, PERUNA (P.O.), CHANGANASSERY TALUK, KOTTAYAM DISTRICT, PIN-686 102.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Case No. Tr.P(C) 447/19

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O R D E R

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The prayer in this Transfer Petition is to transfer

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O.P. No.736 of 2019 on the files of the Family Court,

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Kottayam to the Family Court, Tirur for the trial and disposal in accordance with law.

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Service is complete. However, there is no

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appearance for the respondent.

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Heard the learned counsel for the petitioner.

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The petitioner is the wife, who has no job or

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other source of income for her livelihood. She has to look

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after three minor children, aged 1 year, 2½ years and 4

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years. The petitioner is residing in Ponnani along with her

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minor children. There is nobody to accompany the

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petitioner to the Family Court, Kottayam. That apart, the

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Case No. Tr.P(C) 447/19

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petitioner has to spend considerable amount for her journey from Ponnani to the Family Court, Kottayam. Connected O.P. No.336 of 2019 and M.C. No.162 of 2019 are pending before the Family Court, Tirur. Considering the facts and circumstance of the case, I am of the view that transferring of the above case to the Family Court, Tirur will be convenient to the petitioner. Since connected cases are also pending before the Family Court, Tirur, transferring of the above case to the Family Court, Tirur, will not cause any prejudice to the respondent. In the said circumstances, I am inclined to allow this transfer petition.

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In the result, this Transfer Petition stands allowed, transferring O.P.No.736 of 2019 on the files of the Family Court, Kottayam to the Family Court, Tirur, for trial and disposal, in accordance with law.

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Case No. Tr.P(C) 447/19

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The petitioner shall appear before the transferee

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court on 28.11.2019 without further notice.

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The case records shall be transmitted to the

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transferee court forthwith.

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B. SUDHEENDRA KUMAR, JUDGE .

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dl/

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Case No. Tr.P(C) 447/19

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 THE TRUE COPY OF THE PETITION IN O.P.NO.736/2019 NOW PENDING ON THE FILE OF THE FAMILY COURT, KOTTAYAM.

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ANNEXURE 2 THE TRUE COPY OF THE NOTICE FOR APPEARANCE.

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RESPONDENT'S/S EXHIBITS: NIL

Safeera v. Shajimon Shereef

Case brief

What is this about?

What did the court decide?

Safeera v. Shajimon Shereef

Case brief

What is this about?

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