Allowed

Shebeena @ Sebeena v. Muhammad Shafi

Kerala HC5 Mar 2024Tr.P(C)/217/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a transfer petition to move O.P. No.293/2023 from the Family Court, Tirur, to the Family Court, Kunnamkulam. The order was based on the wife's residence within the limits of the transferee court and pending maintenance proceedings there.

What did the court decide?

Transfer of O.P. No.293/2023 from Family Court, Tirur to Family Court, Kunnamkulam with onward transmission of records.

Shebeena @ Sebeena Vs Muhammad Shafi — Civil Procedure and Limitation | 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 MR.JUSTICE C. JAYACHANDRAN

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TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945

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TR.P(C) NO. 217 OF 2023

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TO TRANSFER OP NO.293 OF 2023 FROM FAMILY COURT, TIRUR TO FAMILY COURT,

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KUNNAMKULAM

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PETITIONER(S)/RESPONDENT:

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SHEBEENA @ SEBEENA
AGED 27 YEARS
D/O.HUSSAIN, MAANATHPARAMBIL HOUSE, AGALAD DESOM,
AGALAD.P.O., NEAR JUMA-ATH MAZJID,
THRISSUR DISTRICT, PIN - 680518
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
BABU V.P.
REMYA V.A.
SALMA DILEEP

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RESPONDENT( S )/PETITIONER:

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MUHAMMAD SHAFI
AGED 38 YEARS
S/O.HANEEFA, MAANAMPURACKAL HOUSE, THEYYANGAD AMSOM DESOM,
PONNANI, PONNANI.P.O., MALAPPURAM, PIN - 679577

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C.) No.217 of 2023

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C.JAYACHANDRAN, J.

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Tr.P.(C.) No.217 of 2023

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Dated this the 05^th day of March, 2024

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ORDER

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This petition is preferred by the petitioner/wife, seeking transfer of O.P. No.293/2023 from the Family Court, Tirur to the Family Court, Kunnamkulam. Transfer is sought for on the ground of convenience of the wife, since she is residing within the limits of the transferee court.

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Heard the learned counsel for the petitioner Though the respondent was served, there is no appearance for the respondent before this Court.

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In view of the authoritative pronouncement of the Hon'ble Supreme Court in N.C.V.Aishwarya v. A.S.

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Saravana Karthik Sha [AIR 2022 SC 4318], the convenience of the wife is certainly a matter to be taken into consideration, while fixing the forum for

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Tr.P.(C.) No.217 of 2023

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adjudication of matrimonial disputes.

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Learned counsel for the petitioner also submitted that the petitioner has filed M.C. No. 160/2023 (Annexure A1) for maintenance, which is pending before the transferee Court, ie., the Family Court, Kunnamkulam, which is an added reason to allow the instant transfer sought for.

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In the circumstances, this Transfer Petition is allowed, directing transfer of O.P. No.293/202 3 pending before the Family Court, Tirur to the Family Court, Kunnamkulam. The transferor Court shall transmit the entire records to the transferee Court, forthwith.

Sd/-

C. JAYACHANDRAN

JUDGE

SKP/05-03

Tr.P.(C.) No.217 of 2023

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APPENDIX OF TR.P(C) 217/2023

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PETITIONER’S ANNEXURES:

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ANNEXURE A1TRUE COPY OF MC.NO.160/2023 FILED BY PETITIONER
BEFORE THE FAMILY COURT, KUNNAMKULAM DATED
18/2/2023
ANNEXURE A2TRUE COPY OF NOTICE ISSUED FROM FAMILY COURT,
TIRUR IN OP.NO.293/2023 FILED BY THE RESPONDENT

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RESPONDENT'S ANNEXURES:NIL

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TRUE COPY

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P.A. TO JUDGE

Shebeena @ Sebeena v. Muhammad Shafi

Case brief

What is this about?

What did the court decide?

Shebeena @ Sebeena v. Muhammad Shafi

Case brief

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