Hamna Farhan Vs Ramzan Basheer

RAMZAN BASHEER AGED 39 YEARS S/O. PROF. BASHEER. S., T.C.12/1999, THAYYIL HOUSE, FIRST FLOOR, NEAR ASSEMBLIES OF GOD CHURCH, NALANCHIRA, THIRUVANANTHAPURAM ., PIN - 695015

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BY ADVS. M. HEMALATHA B.SATHIQ(S-1056)

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O R D E R

(Dated this the 20th day of March, 2025)

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This Transfer Petition is filed seeking transfer of

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O.P. No.1504 of 2022, pending before the Family Court,

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Nedumangad, to the Family Court, Malappuram.

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The petitioner is the wife of the respondent.

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The marriage between the petitioner and respondent was solemnized on 22.07.2018 in accordance with Muslim

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religious rites and ceremonies at Olinkara Jamath, Perinthalmanna, Malappuram District. Due to matrimonial

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issues, the petitioner is now residing along with her parents.

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She has filed O.P. No. 144 of 2023 for divorce and M.C. No. 63/2023, seeking maintenance for the petitioner and her son

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aged 3 years from the respondent, before the Family Court, Malappuram. The respondent filed O.P. No.1504 of 2022

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before the Family Court, Nedumangad, for a decree of restitution of conjugal rights.

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The petitioner is the permanent resident of

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Perinthalmanna, Malappuram District. It is submitted that the Family Court, Nedumangad, is 355 kms away from her residence, whereas the Family Court, Malappuram, is near to her residence. In the above circumstances, the petitioner

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seeks a transfer.

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Adv. M.Hemalatha appeared for the

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respondent, and no counter affidavit is filed. Thus, it can be seen that the averments in the Tranfer Petition stand unchallenged, which entitles the petitioner an order from this Court.

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Moreover, the law in respect of transfer of

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proceedings, particularly in matrimonial disputes, is no longer res-integra, 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

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Jagtap v. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584]

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and Santhini v. Vijaya Venkatesh [2017 (4) KLT 415 (SC)];

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wherein it is held that it is the convenience of the woman and children that have to be looked into while ordering the transfer of a case from one court to another. The law is quite categoric, and the wife's convenience has to be looked into while deciding a petition for transfer, and 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 the facts and circumstances of the case and the

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law laid down by the Hon'ble Supreme Court in the aforecited decisions, I am inclined to allow this transfer petition.

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In the result, the Transfer Petition is allowed. O.P. No.1504 of 2022, pending before the Family Court, Nedumangad, is withdrawn and transferred to the Family Court, Malappuram. The Family Court, Nedumangad, shall

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immediately transfer the records to the Family Court,

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Malappuram. The parties are directed to appear before the

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Family Court, Malappuram, on 23.04.2025.

Sd/-

BASANT BALAJI

JUDGE

JS

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APPENDIX OF TR.P(C) 434/2023

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE ORIGINAL PETITION IN O.P.NO:1504 OF 2022 ON THE FILES OF THE FAMILY COURT, NEDUMANGAD DATED 27.10.2022 Annexure A2 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 02.05.2022 ISSUED FROM THE PERINTAHLAMANNA MUNICIPALITY Annexure A 3 TRUE COPY OF THE ORIGINAL PETITION IN O.P.NO.144 OF 2023 ON THE FILES OF THE FAMILY COURT, MALAPPURAM DATED 03.02.2023 Annexure A4 TRUE COPY OF THE MAINTENANCE CASE IN M.C. NO. 63/2022 ON THE FILES OF THE FAMILY COURT, MALAPPURAM DATED 03.02.2023

Hamna Farhan v. Ramzan Basheer

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Hamna Farhan v. Ramzan Basheer

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