Allowed

Habeeba v. Jijin

Kerala HC2 Jun 2022Tr.P(C)/136/2022

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition seeking to move child custody proceedings from the Family Court, Thrissur to the Family Court, Palakkad. The transfer was granted based on the petitioner's residence with her minor child in Palakkad to avoid hardship. The case applies Supreme Court precedents prioritizing the convenience of women and children in transfer decisions.

What did the court decide?

Transfer of O.P.(G&W) No.279/2022 from Family Court, Thrissur to Family Court, Palakkad.

Habeeba Vs Jijin — Matrimonial and Divorce | Kerala HC (2022)

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TR.P(C) NO. 136 OF 2022

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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 C.S.DIAS

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THURSDAY, THE 2^ND DAY OF JUNE 2022 / 12TH JYAISHTA, 1944 TR.P(C) NO. 136 OF 2022

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AGAINST THE ORDER/JUDGMENT IN OP(G&W) 279/2022 OF FAMILY

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COURT,THRISSUR

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PETITIONER/S:

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HABEEBA AGED 29 YEARS D/O.ABDUL RAHIMAN, MARUTHONI HOUSE, PERINGOTTUKURISSI, ALATHUR TALUK, PALAKKAD DISTRICT,PIN-679511.

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BY ADVS. RAJESH SIVARAMANKUTTY K.V.ANTONY VIJINA K. ARUL MURALIDHARAN

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RESPONDENT/S:

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JIJIN S/O.K.C.GOPALAN, KINATTINGAL VEEDU, PERINTOTTUKURISSI.P.O, ALATHUR TALUK, PALAKKAD DISTRICT,PIN-679512.

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BY ADV JAYARAJ.M

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 136 OF 2022

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ORDER

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The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P.(G&W) No.279/2022 (Annexure B) from the Family Court, Thrissur to the Family Court, Palakkad.

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The petitioner's case, in brief, in the memorandum of transfer petition is that; the respondent – her husband – has filed Annexure B seeking custody of their minor child named Ayush. The petitioner and the child are residing at Palakkad. The Family Court, Thrissur does not have jurisdiction to entertain the original petition in view of Section 9 of the Guardian and Wards Act, 1890. The petitioner and her child are residing within 10 kilometers from the Family Court, Palakkad. If the petitioner has to contest the proceeding at Thrissur, she and the child would be put to irreparable hardship and inconvenience. Hence, the transfer petition.

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Heard; the learned counsel appearing for the petitioner. Even though notice has been served on the

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TR.P(C) NO. 136 OF 2022

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respondent, there is no appearance for him.

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The law in respect of transfer of proceedings, particularly in matrimonial disputes, is no longer resintegra, in view of the categoric declaration of law by the Hon'ble Supreme Court in Sumitha Sing V. Kumar Sanjay and another [(2001)10 SCC 41)], Mona Aresh Goel V. Aresh Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap V. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584] and Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)]. The Hon'ble Supreme Court has held that it is the convenience of the woman and children that has to be looked into, while ordering the transfer of a case from one Court to another.

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In the light of the uncontroverted averments on record, the totality of the facts and circumstances of the case and the law laid down by the Hon'ble Supreme Court in the afore-cited decisions, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure.

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In the result, I allow the transfer petition by ordering

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TR.P(C) NO. 136 OF 2022

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transfer of O.P.(G&W) No.279/2022 from the Family Court, Thrissur to the Family Court, Palakkad. The Registry shall forward a copy of this judgment to the Family Court, Thrissur with instructions to forthwith transmit the records in O.P.(G&W) No.279/2022 to the Family Court, Palakkad. The Family Court, Palakkad shall, immediately on receipt of the records in O.P.(G&W) No.279/2022, issue notice to the parties for their appearance.

Sd/-

C.S.DIAS, JUDGE

rkc/02.06.22

TR.P(C) NO. 136 OF 2022

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APPENDIX OF TR.P(C) 136/2022

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PETITIONER ANNEXURES

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Annexure A TRUE COPY OF THE CERTIFICATE DATED 23.2.2022 ISSUED BY THE HEADMASTER OF GOVERNMENT L.P.SCHOOL, PERINGOTTUKURISSI. Annexure B TRUE COPY OF THE PETITION AND AFFIDAVIT IN I.A.NO.2/2022 IN O.P.(G&W) NO.279/2022 FILED ON 31-1-2022 BY THE RESPONDENT AGAINST THE PETITIONER BEFORE THE FAMILY COURT, THRISSUR.

Habeeba v. Jijin

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Habeeba v. Jijin

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