IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 5TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
Tr.P(C).No.403 OF 2020
OP 278/2020 OF FAMILY COURT, IRINJALAKUDA
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PETITIONER:
HILMATH
AGED 44 YEARS
DAUGHTER OF KHADER, RESIDING AT ALUVA POLICE
QUARTERS, SUB JAIL ROAD, ALUVA, PIN-683 101,
ERNAKULAM DISTRICT
BY ADVS.
SMT.MANJU PAUL
SRI.C.N.SREEKUMAR
SRI.SABU P.JOSEPH
SRI.ANIL PRASAD
SRI.SURESHKUMAR.C
RESPONDENT:
ABDUL RAZAK
AGED 56 YEARS
SON OF KUNJUMUHAMMED, RESIDING AT KILIYAMANNIL
HOUSE, PATHUKULANGARA, VELLIKULANGRA VILLAGE,
MURIKKINGAL P.O., PIN-680 699,THRISSUR DISTRICT
R1 BY ADV. SRI.RAJESH CHAKYAT
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SATHISH NINAN, J.
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Tr. P. (C) No.403 of 2020
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Dated this the 5th day of January, 2021
ORDER
The petitioner-divorced wife seeks transfer of O.P.278/2020 pending on the files of the Family Court, Irinjalakkuda, to the Family Court at Ernakulam.
2. The respondent enters appearance through Advocate Sri.Rajesh Chakyat and opposes the prayer. The learned counsel controverted the averments in the transfer petition and contended that the transfer as sought for is not liable to be granted.
3. O.P. 278/2020 is one filed by the respondent seeking realisation of money from the petitioner. The marriage between the petitioner and respondents was dissolved as per judgment dated 12.06.2017 in OP 873/2016 of the Family Court, Ernakulam. Two children were born in the wedlock. Both the children are with the petitioner; one child is still a minor. The petitioner is residing at Aluva and she is employed there. There are two other Tr. P. (C) No.403 of 2020 -: 2 :- proceedings between the parties viz. MC 431/2017 and OP 2206/2017, both filed by the petitioner before the Family Court, Ernakulam, seeking maintenance. The said proceedings are pending. In the circumstances, I am of the opinion that the transfer as sought for can be granted.
In the result, the transfer petition is allowed. OP 278/2020 pending on the files of the Family Court, Irinjalakkuda, will stand withdrawn and transferred to the Family Court at Ernakulam. Parties to appear before the Family Court, Ernakulam, on 03.02.2021.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge Tr.P(C).No.403 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 TRUE COPY OF THE OP NO.278 OF 2020 PENDING BEFORE THE FAMILY COURT, IRINJALAKUDA
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