Allowed

Akmal Sulthana.a.M., v. Muhammed Ashhar

Kerala HC9 Jun 2022Tr.P(C)/218/2022

Case brief

AI extract

What is this about?

High Court, Ernakulam transferred Family Court OP No.281/2022 from Malappuram to Tirur under Section 24 CPC. Petitioner, unable to defend respondent's restitution suit in her location where she filed a divorce petition, requested transfer. Court allowed it, prioritizing petitioner's convenience.

What did the court decide?

Transfer of O.P. No.281/2022 from Family Court Malappuram to Family Court Tirur; parties may seek consolidation.

Akmal Sulthana.a.M., Vs Muhammed Ashhar — Matrimonial and Divorce | Kerala HC (2022)

¶1

TR.P(C) NO. 218 OF 2022

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR.JUSTICE C.S.DIAS

¶6

THURSDAY, THE 9^TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944

¶7

TR.P(C) NO. 218 OF 2022

¶8

OP 281/2022 OF FAMILY COURT, MALAPPURAM

¶9

PETITIONER/S:

¶10

AKMAL SULTHANA.A.M., AGED 27 YEARS D/O.MUHAMMED @ KUNHAVUTTY, SHIFA MANZIL, NEAR MARWAPALLI, ABDURAHIMAN SHEIK SMARAKA ROAD, RAYIRAMANGALAM AMSOM DESOM, TANUR, TIRUR TALUK, MALAPPURAM DISTRICT-676 302.

¶11

BY ADVS. JAMSHEED HAFIZ NESNA.K.K.

¶12

RESPONDENT/S:

¶13

MUHAMMED ASHHAR, AGED 31 YEARS S/O.ABDUL ASHRAF, KAPPUR HOUSE, THAZHEKKODE AMSOM, MUTHIRAMANNA DESOM, P.O. THAZHEKKODE WEST, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679 352.

¶14

BY ADV K.RAKESH

¶15

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

TR.P(C) NO. 218 OF 2022

¶17

¶18

ORDER

¶19

The transfer petition is filed under Section 24 of the Code of Civil Procedure, seeking to transfer O.P. No.281/2022 (Annexure A1) from the Family Court, Malappuram to the Family Court, Tirur.

¶20

The petitioner's case, in brief, in the memorandum of transfer petition is that; she is the wife of the respondent. She has already instituted O.P.No.298/2022 (Annexure A2) before the Family Court, Tirur seeking a decree of divorce. As a counter blast to the above proceedings, the respondent has filed Annexure A1, seeking a decree for restitution of conjugal rights. The petitioner has no avocation. She is unable to maintain herself. She is depending on her parents for her livelihood. There is no person to chaperone her from Malappuram to Tirur to defend Annexure A1. Hence, the transfer petition.

¶21

Heard; the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

¶22

TR.P(C) NO. 218 OF 2022

¶23

¶24

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 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.

¶25

In the light of the uncontroverted pleadings and materials on record, the totality of the facts and circumstances of the case, particularly the fact that the petitioner has already instituted Annexure A2 before the Family Court, Tirur and the respondent has not sought for transfer of the said case, he has to necessarily appear before the Family Court, Tirur. More over, in the light of

¶26

TR.P(C) NO. 218 OF 2022

¶27

¶28

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.

¶29

In the result, I allow the transfer petition by ordering transfer of O.P.No.281/2022 from the Family Court, Malappuram to the Family Court, Tirur. The parties would be at liberty to move the Family Court, Tirur to seek for consolidation and joint trial of all the cases. The Registry shall forward a copy of this judgment to the Family Court, Malappuram with instructions to forthwith transmit the records in Annexure A1 to the Family Court, Tirur. The Family Court, Tirur shall, immediately on receipt of the records in Annexure A1, post the case along with Annexure A2.

Sd/-

C.S.DIAS, JUDGE

rkc/09.06.22

TR.P(C) NO. 218 OF 2022

¶34

¶35

APPENDIX OF TR.P(C) 218/2022

¶36

PETITIONER ANNEXURES

¶37

Annexure A1 A TRUE COPY OF THE OP NO.281/2022 BEFORE THE FAMILY COURT, MALAPPURAM DATED 18.02.2022. Annexure A2 A TRUE COPY OF THE OP NO.298/2022 BEFORE THE FAMILY COURT, TIRUR DATED 21.03.2022.

Akmal Sulthana.a.M., v. Muhammed Ashhar

Case brief

What is this about?

What did the court decide?

Akmal Sulthana.a.M., v. Muhammed Ashhar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tomson Jose Vs Merly

Arya Mohan Vs Praveen.M

Rajimsha P.P Vs Riyas

Ashamol M Das Vs Akhil Muth

Souda Hassan Vs Siyad H.

Jincy.C. Vs Abhilash.R.S.