IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
TR.P(C) NO. 188 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 244/2022 OF FAMILY COURT,
MALAPPURAM
PETITIONER:
DR. SHURAFA SHAMSUDHEEN
AGED 29 YEARS
D/O SHAMSUDHEEN, PUTHUVEETTIL HOUSE,
PUTHUMANASSERI, PAVARATTI.P.O,
CHAVAKKAD, THRISSUR-680507.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT:
DR. SAYID RAHMAN AGED 34 YEARS S/O.ABDURAHIMAN HAJI, KURUNGADAN HOUSE, MONGAM.P.O, MORAYUR, KONDOTTI, MALAPPURAM-673642.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2022 ALONG WITH TR.P(C)NO.189 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NOS. 188 & 189 OF 2022 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944 TR.P(C) NO. 189 OF 2022 AGAINST THE ORDER/JUDGMENT IN OP 243/2022 OF FAMILY COURT, MALAPPURAM PETITIONER:
DR. SHURAFA SHAMSUDHEEN AGED 29 YEARS D/O SHAMSUDHEEN, PUTHUVEETTIL HOUSE, PUTHUMANASSERI, PAVARATTI.P.O, CHAVAKKAD, THRISSUR-680507.
BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT:
1 DR. SAYID RAHMAN
AGED 34 YEARS
S/O.ABDURAHIMAN HAJI,
KURUNGADAN HOUSE,
MONGAM.P.O,
KONDOTTI, MALAPPURAM-673642.
2 DR.RIJUL KAYADHEEN.T,
AGED 35 YEARS
S/O.KOYADHEEN.T, EDAKKAD HOUSE, MATHARA.P.O, KOZHIKKODE -673014.
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2022 ALONG WITH TR.P(C)NO.188 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NOS. 188 & 189 OF 2022 3 COMMON ORDER These transfer petitions are filed under Section 24 of the Code of Civil Procedure seeking to transfer O.P Nos. 244 and 243 of 2022 pending on the file of the Family Court, Malappuram to the Family Court, Thrissur.
2. The petitioner's case, in brief in the memorandum of transfer petitions are that; the first respondent in Tr.P(C)No.189/2022 has filed the above original petitions seeking for the custody of the minor child of the couple and for restitution of conjugal rights. The petitioner and her four year old daughter are residing in her natal home in Chavakkad, Thrissur. There is no person to chaperone the petitioner and the child from Thrissur to Malappuram. The petitioner is a destitute lady, who does not have any job or source of income. If the petitioner is to contest the above proceedings before the Family Court, Malappuram, she and the child would be put to severe prejudice and hardship. Hence, the transfer petitions.
3. Heard; Sri.Johnson Varikkappallil, the learned counsel appearing for the petitioner. Even though notice has TR.P(C) NOS. 188 & 189 OF 2022 4 been served on the respondents, there is no appearance for them.
4 The law with respect to transfer of proceedings, particularly matrimonial disputes, is no longer res-integra, in view of the categoric declaration of law by the Hon'ble Supreme Court in Sumitha Sing 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)]. The Honourable Supreme Court has held that it is the convenience of the woman and children that has to be looked into, while ordering the transfer of a case from one Court to another.
5. In the light of the uncontroverted averments in the transfer petitions, the law laid down by the Hon'ble Supreme Court in the aforecited decisions and the totality of the facts and circumstance of the case, I am inclined to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure by ordering the transfer of the above original petitions.
In the result, the transfer petitions are allowed by TR.P(C) NOS. 188 & 189 OF 2022 5 ordering the transfer of O.P.244/2022 and 243/2022 from the Family Court, Malappuram to the Family Court, Thrissur. The Registry shall forward a copy of this judgment to the Family Court, Malappuram with instructions to forthwith transmit the records in the above cases to the Family Court, Thrissur. The Family Court, Thrissur shall, immediately on receipt of the records in the above cases, issue notice to the parties for their appearance.
SD/-
C.S.DIAS, JUDGE rmm01/06/2022 TR.P(C) NOS. 188 & 189 OF 2022 6 APPENDIX OF TR.P(C) 188/2022 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE O.P.(CUSTODY) NO:244/2022 ALONG WITH ITS NOTICE DATED 07.03.2022 ON THE FILE OF THE FAMILY COURT, MALAPPURAM.
TR.P(C) NOS. 188 & 189 OF 2022 7 APPENDIX OF TR.P(C) 189/2022 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE O.P.NO.243/2022 ALONG WITH ITS NOTICE DATED 05.03.2022 ON THE FILE OF THE FAMILY COURT, MALAPPURAM.