Allowed

Shahina S.M. v. Shamnad .S.

Kerala HC6 Oct 2021Tr.P(C)/103/2020

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition seeking to move an original petition regarding joint property from the Family Court, Chavara to the Family Court, Attingal. The court held that the convenience of the wife (petitioner) should be preferred over the husband's convenience and found no prejudice to the respondent.

What did the court decide?

O.P No.41/2020 on the file of the Family Court, Chavara is ordered to be transferred to the Family Court, Attingal.

Shahina S.M. Vs Shamnad .S. — Matrimonial and Divorce | Kerala HC (2021)

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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. BABU

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WEDNESDAY, THE 6^TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943

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TR.P(C) NO. 103 OF 2020

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TO TRANSFER OP No.41/2020 OF FAMILY COURT, CHAVARA, KOLLAM TO THE FAMILY COURT, ATTINGAL

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PETITIONER:

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SHAHINA S.M. AGED 37 YEARS D/O.MAJIDA, RESIDING AT S.M.MANZIL, AYILAM.P.O., MUTHAKKAL PANCHAYATH, ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN-695103. BY ADVS. J.R.PREM NAVAZ SHRI.SUMEEN S.

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EXPECTED APPLICANTS:

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SHAMNAD .S., AGED 38 YEARS, S/O.SULAIMANKUTTY, RESIDING AT SHAMNAD NIVAS, THODIYOOR VILLAGE, EDAKKULANGARA.P.O., KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN-690523. BY ADVS. M.R.SASITH RAJITHA R.NAIR

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P(C) No.103 of 2020

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K.BABU, J.

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Tr.P(C) No.103 of 2020

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Dated this the 6^th day of October, 2021

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O R D E R

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This petition is filed under Section 24 of the Code of Civil Procedure seeking transfer of O.P No.41/2020

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on the file of the Family Court, Chavara to the Family Court, Attingal.

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The petitioner/wife is the respondent in O.P No.41/2020 filed by the respondent/husband in respect of a landed property in the joint names of the parties.

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Three other cases, namely, M.C No.325/2019, O.P.No.173/2020 and O.P(G&W) No.741/2018 between the

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same parties are pending before the Family Court, Attingal. O.P(G&W) No.741/2018 was ordered to be transferred to the Family Court, Attingal from the Family Court, Chavara as per order dated 12-07-2021 of this Court in Tr.P(C)No.111/2020.

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The learned counsel for the petitioner submits

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Tr.P(C) No.103 of 2020

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that as the petitioner is residing at Ayilam in Attingal, she is finding it difficult to attend the proceedings at the Family Court, Chavara.

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The learned counsel for the respondent opposed the petition on the ground that, another petition filed by the petitioner as per the provisions of the Protection of Women from Domestic Violence Act, 2005 [D.V Act] is also pending before the Judicial Magistrate of First Class, Chavara.

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Going by the averments and submissions, it is seen that three litigations are pending between the parties before the Family Court, Attingal. The respondent has failed to establish that transfer of O.P No.41/2020 from the Family Court, Chavara to the Family Court Attingal will cause any prejudice to him.

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In Sumita Singh v. Kumar Sanjay and Another [(2001) 10 SCC 41, the Apex Court held that in transfer petitions arising from matrimonial matters, convenience of the wife should be preferred over that of the

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Tr.P(C) No.103 of 2020

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husband.

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In the result, the Transfer Petition (C) is allowed. O.P.No.41/2020 on the file of the Family Court, Chavara is ordered to be transferred to the Family Court, Attingal.

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K.BABU, JUDGE

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KAS

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Tr.P(C) No.103 of 2020

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APPENDIX OF TR.P(C) 103/2020

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PETITIONER ANNEXURE

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ANNEXURE A1 THE TRUE COPY OF THE O.P.BEARING NO.41 OF 2020 FILED BY THE HEREIN RESPONDENT BEFORE THE FAMILY COURT CHAVARA.

Shahina S.M. v. Shamnad .S.

Case brief

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Shahina S.M. v. Shamnad .S.

Case brief

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