Allowed

Sabna v. Sajeer Khan T.A.

Kerala HC9 Apr 2024Tr.P(C)/191/2024

Case brief

AI extract

What is this about?

Transfer petitions were filed by the petitioner/wife to shift two pending original petitions from the Family Court at North Paravur to the Family Court at Irinjalakuda. The court allowed the petitions, transferring the orders based on the wife's new residence and employment abroad, noting that convenience of the wife takes predominance in family matter transfers.

What did the court decide?

Transfer of O.P.No.337 of 2023 and O.P.No.339 of 2023 from Family Court, North Paravur to Family Court, Irinjalakuda.

Sabna Vs Sajeer Khan T.A. — Matrimonial and Divorce | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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TUESDAY, THE 9^TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946

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TR.P(C) NO. 191 OF 2024

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OP NO.337 OF 2023 OF FAMILY COURT, NORTH PARAVUR PETITIONER/PETITIONER IN O.P.:

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SABNA

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AGED 35 YEARS D/O SHAJAHAN K.S., KARIPARAMBIL HOUSE, KORATTY P.O, THRISSUR DISTRICT REPRESENTED BY POWER OF ATTORNEY SHAJAHAN K.S. AGED 57 YEARS, S/O LATE SHEIK PAREETH, KAREEPARAMPIL HOUSE, KORATTY P.O, THEKKUMMURI VILLAGE, THRISSUR -680309.

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BY ADVS. JINU JOSEPH M.T.PHILOMINA

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RESPONDENTS/RESPONDENTS IN O.P.:

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1 SAJEER KHAN T.A. S/O ABOOBECKER, THOPPILPARAMBIL HOUSE, NEAR FIRE STATION, VEDIMARA KARA, MANNAM P.O., NORTH PARAVUR, ERNAKULAM, PIN - 683520

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2 ABOOBECKER AGED 69 YEARS THOPPILPARAMBIL HOUSE, NEAR FIRE STATION, VEDIMARA KARA, MANNAM P.O., NORTH PARAVUR, ERNAKULAM, PIN - 683520

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TR.P(C) NO. 191 & 202 OF 2024

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: 2 :-

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3 NAZIM AGED 60 YEARS W/O ABOOBACKER, THOPPILPARAMBIL HOUSE, NEAR FIRE STATION, VEDIMARA KARA, MANNAM P.O., NORTH PARAVUR, ERNAKULAM, PIN - 683520

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH TR.P(C).202/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 191 & 202 OF 2024

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: 3 :-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 9^TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946

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TR.P(C) NO. 202 OF 2024

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OP NO.339 OF 2023 OF FAMILY COURT, NORTH PARAVUR

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PETITIONER/PETITIONER IN O.P.:

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SABNA AGED 35 YEARS D/O SHAJAHAN K.S., KARIPARAMBIL HOUSE, KORATTY P.O, THRISSUR DISTRICT REPRESENTED BY POWER OF ATTORNEY SHAJAHAN K.S. AGED 57 YEARS, S/O LATE SHEIK PAREETH, KAREEPARAMPIL HOUSE, KORATTY P.O, THEKKUMMURI VILLAGE, THRISSUR -680309.

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BY ADVS. JINU JOSEPH M.T.PHILOMINA

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RESPONDENT/RESPONDENT IN O.P.:

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SAJEER KHAN T.A

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S/O ABOOBECKER, THOPPILPARAMBIL HOUSE, NEAR FIRE STATION, VEDIMARA KARA, MANNAM P.O., NORTH PARAVUR, ERNAKULAM, PIN - 683520

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH TR.P(C).191/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 191 & 202 OF 2024

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: 4 :-

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O R D E R

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Heard the learned counsel for the petitioner. Even though

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notice has been served to the counsel appearing for the respondents at the Family Court, there is no appearance for the respondents.

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These transfer petitions have been filed by the petitioner/wife to transfer O.P.No.337 of 2023 and O.P.No.339 of 2023 pending before the Family Court, North Paravur to Family Court, Irinjalakuda.

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Both cases were originally filed before the Family Court, Ernakulam. Later on, when the Family Court, North Paravur was established, these cases were transferred to that court. The petitioner was working at North Paravur. Thereafter, the petitioner shifted to Irinjalakuda to reside with her parents. It is submitted that at present the petitioner is working at Germany. However, three children of the petitioner are staying

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TR.P(C) NO. 191 & 202 OF 2024

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: 5 :-

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with her parents who are residing at Koratty near to Irinjalakuda. The father of the petitioner acts as her power of attorney holder. The learned counsel for the petitioner submitted that the aged father finds it difficult to travel to Family Court, North Paravur leaving his wife and three children at home to attend court.

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It is settled that while considering the transfer petitions concerning family matters, the convenience of the wife has to be given predominance.

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These Transfer Petitions are allowed. O.P.No.337 of 2023 and O.P.No.339 of 2023 pending before the Family Court, North Paravur are withdrawn and transferred to Family Court, Irinjalakuda, for trial and disposal.

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Sd/- DR.KAUSER EDAPPAGATH, JUDGE

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TR.P(C) NO. 191 & 202 OF 2024

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: 6 :-

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APPENDIX OF TR.P(C) 191/2024

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PETITIONER ANNEXURES

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ANNEXURE A1

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TRUE COPY OF THE ORIGINAL PETITION IN O.P. NO. 337/2023 IN THE FILES OF THE FAMILY COURT, NORTH PARAVUR

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TR.P(C) NO. 191 & 202 OF 2024

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: 7 :-

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APPENDIX OF TR.P(C) 202/2024

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PETITIONER ANNEXURES

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Annexure A1

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TRUE COPY OF THE ORIGINAL PETITION IN O.P. NO. 339/2023 IN THE FILES OF THE FAMILY COURT, NORTH PARAVUR

Sabna v. Sajeer Khan T.A.

Case brief

What is this about?

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Sabna v. Sajeer Khan T.A.

Case brief

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