Noureen S.J Vs Nabeel Noushad

NABEEL NOUSHAD AGED 31 YEARS KALLUVILA VEEDU, PULLOORMUKKU, KALLAMBALAM P.O., KUDAVOOR VILLAGE, KALLAMBALAM POLICE STATION, KOLLAM DISTRICT., PIN - 695605

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O R D E R

(Dated this the 2nd day of April, 2025)

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This Transfer Petition has been filed seeking a transfer of

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OP. No.1621/2024, pending before the Family Court, Attingal, to

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the Family Court, Nedumangad.

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The petitioner is the wife of the respondent.

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Their marriage was solemnized on 20.12.2021 at Rashaj Royal Convention Centre, Chambakamangalam, Thonnakkal, Attingal. The petitioner had previously filed O.P. No. 1699/2022, before the Family Court, Nedumangad, seeking recovery of gold and money from the respondent, which is pending. Now, the respondent has filed O.P. No. 1621/2024, for declaration of Talaq, before the

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Family Court, Attingal.

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The case of the petitioner is that she resides in Pullampara, which falls under the jurisdiction of Family Court, Nedumangad. The distance from her residence to the Family Court, Nedumangad is only 12 kms, whereas the distance from

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her residence to the Family Court, Attingal is 23 kms. The

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petitioner will be put to great hardship if she is forced to attend

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the proceedings in two different courts. In such circumstances, she seeks a transfer.

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Notice issued from this Court has been served on

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the respondent, and none appeared. Thus it can be seen that the

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averments in the Transfer Petition stand unchallenged, which entitles the petitioner an order from this Court.

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Moreover, 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 Singh 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)]; wherein it is held that it is

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the convenience of the woman and children that have to be looked into while ordering the transfer of a case from one court

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to another. The law is quite categoric, and the wife's convenience

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has to be looked into while deciding a petition for transfer, and

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in such cases, transfer has been effected.

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Thus, in the light of the uncontroverted

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averments in the memorandum of Transfer Petition, considering

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the facts and circumstances of the case and the law laid down by

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the Hon'ble Supreme Court in the afore-cited decisions, I am inclined to allow this transfer petition.

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In the result, OP. No.1621/2024, before the Family Court, Attingal, is withdrawn and transferred to the Family Court, Nedumangad. The Family Court, Attingal, shall immediately transfer the records to the Family Court, Nedumangad. On receipt of the records, the Family Court, Nedumangad, shall issue notice

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to the parties and dispose of the case in accordance with law.

Sd/-

BASANT BALAJI JUDGE

JS

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APPENDIX OF TR.P(C) 139/2025

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PETITIONER ANNEXURES

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Annexure 1 TRUE COPY OF O.P. NO. 1699/2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, NEDUMANGAD Annexure 2 TRUE COPY OF NOTICE FROM FAMILY COURT, ATTINGAL DATED 06.09.2024

Noureen S.J v. Nabeel Noushad

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Noureen S.J v. Nabeel Noushad

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