Allowed

Dr. Shurafa Shamsudheen v. Dr. Sayid Rahman

Kerala HC1 Jun 2022Tr.P(C)/189/2022

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed two transfer petitions under Section 24 CPC. Ruling that the woman and child's convenience dictate transfers in matrimonial disputes, the court ordered remission of original custody and restitution petitions from Malappuram to Thrissur.

What did the court decide?

Transfer of O.P. 244/2022 and 243/2022 from Family Court, Malappuram to Family Court, Thrissur.

Dr. Shurafa Shamsudheen Vs Dr. Sayid Rahman — Civil Procedure and Limitation | Kerala HC (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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WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
TR.P(C) NO. 188 OF 2022

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AGAINST THE ORDER/JUDGMENT IN OP 244/2022 OF FAMILY COURT,
MALAPPURAM

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PETITIONER:

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DR. SHURAFA SHAMSUDHEEN
AGED 29 YEARS
D/O SHAMSUDHEEN, PUTHUVEETTIL HOUSE,
PUTHUMANASSERI, PAVARATTI.P.O,
CHAVAKKAD, THRISSUR-680507.

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT:

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DR. SAYID RAHMAN
AGED 34 YEARS
S/O.ABDURAHIMAN HAJI,
KURUNGADAN HOUSE,
MONGAM.P.O, MORAYUR,
KONDOTTI, MALAPPURAM-673642.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022 ALONG WITH TR.P(C)NO.189 OF 2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

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TR.P(C) NOS. 188 & 189 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
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
TR.P(C) NO. 189 OF 2022

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AGAINST THE ORDER/JUDGMENT IN OP 243/2022 OF FAMILY COURT,
MALAPPURAM

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PETITIONER:

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DR. SHURAFA SHAMSUDHEEN
AGED 29 YEARS
D/O SHAMSUDHEEN, PUTHUVEETTIL HOUSE,
PUTHUMANASSERI, PAVARATTI.P.O,
CHAVAKKAD,
THRISSUR-680507.

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT:

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1DR. SAYID RAHMAN
AGED 34 YEARS
S/O.ABDURAHIMAN HAJI,
KURUNGADAN HOUSE,
MONGAM.P.O,
KONDOTTI, MALAPPURAM-673642.

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2DR.RIJUL KAYADHEEN.T,
AGED 35 YEARS
S/O.KOYADHEEN.T, EDAKKAD HOUSE, MATHARA.P.O,
KOZHIKKODE -673014.

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2022 ALONG WITH TR.P(C)NO.188 OF 2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NOS. 188 & 189 OF 2022

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COMMON ORDER

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These transfer petitions are filed under Section 24 of the Code of Civil Procedure seeking to transfer O.P Nos. 244 and 243 of 2022 pending on the file of the Family Court, Malappuram to the Family Court, Thrissur.

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The petitioner’s case, in brief in the memorandum of transfer petitions are that; the first respondent in Tr.P(C)No.189/2022 has filed the above original petitions seeking for the custody of the minor child of the couple and for restitution of conjugal rights. The petitioner and her four year old daughter are residing in her natal home in Chavakkad, Thrissur. There is no person to chaperone the petitioner and the child from Thrissur to Malappuram. The petitioner is a destitute lady, who does not have any job or source of income. If the petitioner is to contest the above proceedings before the Family Court, Malappuram, she and the child would be put to severe prejudice and hardship. Hence, the transfer petitions.

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Heard; Sri.Johnson Varikkappallil, the learned

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counsel appearing for the petitioner. Even though notice has

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TR.P(C) NOS. 188 & 189 OF 2022

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been served on the respondents, there is no appearance for them.

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4 The law with respect to transfer of proceedings, particularly matrimonial disputes, is no longer res-integra, 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 Honourable 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 in the transfer petitions, the law laid down by the Hon'ble Supreme Court in the aforecited decisions and the totality of the facts and circumstance of the case, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure by ordering the transfer of the above original petitions.

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In the result, the transfer petitions are allowed by

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TR.P(C) NOS. 188 & 189 OF 2022

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ordering the transfer of O.P.244/2022 and 243/2022 from the Family Court, Malappuram to the Family Court, Thrissur. The Registry shall forward a copy of this judgment to the Family Court, Malappuram with instructions to forthwith transmit the records in the above cases to the Family Court, Thrissur. The Family Court, Thrissur shall, immediately on receipt of the records in the above cases, issue notice to the parties for their appearance.

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C.S.DIAS, JUDGE

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rmm01/06/2022

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TR.P(C) NOS. 188 & 189 OF 2022

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APPENDIX OF TR.P(C) 188/2022

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PETITIONER ANNEXURES

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Annexure ATRUE COPY OF THE O.P.(CUSTODY)
NO:244/2022 ALONG WITH ITS NOTICE DATED
07.03.2022 ON THE FILE OF THE FAMILY
COURT, MALAPPURAM.

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TR.P(C) NOS. 188 & 189 OF 2022

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A PPENDIX OF TR.P(C) 189/2022

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PETITIONER ANNEXURES

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Annexure ATRUE COPY OF THE O.P.NO.243/2022 ALONG
WITH ITS NOTICE DATED 05.03.2022 ON THE
FILE OF THE FAMILY COURT, MALAPPURAM.

Dr. Shurafa Shamsudheen v. Dr. Sayid Rahman

Case brief

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Dr. Shurafa Shamsudheen v. Dr. Sayid Rahman

Case brief

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