Kerala High Court
Abdul Nasser V.M vs Ruhalath on 11 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
TR.P(C) NO. 115 OF 2024
OP NO.283 OF 2022 OF FAMILY COURT, VADAKARA
PETITIONER/PETITIONER:
ABDUL NASSER V.M
AGED 58 YEARS
S/O T.A MOIDU HAJI, C/O ASHRAF V.M, NIHALAS,
DARSHANA MUKKU, MANAMMAL, KOYILANDI,
PIN - 673305
BY ADVS.
K.REEHA KHADER
ANJITHA SUDHAKARAN
RESPONDENTS/RESPONDENTS:
1 RUHALATH
AGED 46 YEARS
W/O ABDUL NASSER V.M, YASNA,
NEAR BADAR MASJID , THAZHNGADI ROAD,
KOYILANDI, PIN - 673305
2 M.T. IMBICHI AHAMMED
AGED 82 YEARS
S/O MOIDUHAJI, VEESOLINTEKAM,
NEAR BADAR MASJID , THAZHNGADI ROAD,
KOYILANDI, PIN - 673305
3 SAINABA N.E
AGED 72 YEARS
W/O M.T. IMBICHI AHAMMED,
VEESOLINTEKAM, NEAR BADAR MASJID,
THAZHNGADI ROAD, KOYILANDI , PIN - 673305
TR.P(C) NO. 115 OF 2024
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BY ADVS.
V.V.SURENDRAN
P.A.HARISH(K/000392/1991)
DONA PAUL(K/001661/2018)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
TR.P(C) NO. 115 OF 2024
- : 3 :-
ORDER
This transfer petition has been filed to transfer O.P.(Oth) No.283 of 2022 pending on the files of the Family Court, Vatakara to Family Court, Kozhikode.
2. I have heard both sides.
3. The petitioner is the husband and the 1 st respondent is the wife and respondents 2 and 3 are parents of the 1 st respondent. The original petition has been filed by the husband. The transfer has been sought on the ground of illness of the petitioner.
4. Annexures A4 to A11 would show that the petitioner has been suffering from Psoriatic Rheumatoid Arthritis for the last five years and is taking treatment from various hospitals at Kozhikode and Chennai. Both the petitioner and the respondents are the natives of Koyilandi. According to the petitioner, his sister and other relatives are at Kozhikode and it would be fully convenient for him, especially considering his illness, to have the case transferred to Kozhikode. The learned Counsel for the TR.P(C) NO. 115 OF 2024
- : 4 :-
respondents submitted that respondents 2 and 3 are senior citizens, and if transfer is made, they will not be able to travel to Kozhikode. As stated already, the petitioner and the respondents are residing at Koyilandi. The distance from Koyilandi to Kozhikode and from Koyilandi to Vatakara is more or less similar. But the specific case of the petitioner is that he is taking treatment at Kozhikode as well and that his sister and other relatives are at Kozhikode.
Considering all these aspects, I am of the view that the transfer sought for can be granted. Hence, this Transfer Petition is allowed. O.P.(Oth) No.283 of 2022 pending on the files of the Family Court, Vatakara is withdrawn and transferred to Family Court, Kozhikode, for trial and disposal.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE AS TR.P(C) NO. 115 OF 2024
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APPENDIX OF TR.P(C) 115/2024 PETITIONER ANNEXURES:
ANNEXURE A1 A TRUE COPY OF THE PETITION OP(OTH) 283/2022 ANNEXURE A2 A TRUE COPY OF THE DECREE AND JUDGMENT OF THE OP(OTH) 283/2022 BEFORE THE FAMILY COURT, VATAKARA DATED 26-10-2022 ANNEXURE A 3 A TRUE COPY OF THE DECREE AND JUDGMENT OF THE OP(OTH) 283/2022 BEFORE THE FAMILY COURT, VATAKARA DATED 26-10-2022 ANNEXURE A4 A TRUE COPY OF THE MEDICAL RECORDS OF BABY MEMORIAL HOSPITAL LTD , KOZHIKODE DATED 08/12/2022 ANNEXURE A5 A TRUE COPY OF THE MEDICAL RECORDS OF BABY MEMORIAL HOSPITAL LTD , KOZHIKODE DATED 30/03/2023 ANNEXURE A6 A TRUE COPY OF THE MEDICAL RECORDS OF DISTRICT AYURVEDA HOSPITAL, KOZHIKODE DATED 03-08-2023 ANNEXURE A7 A TRUE COPY OF THE MEDICAL RECORDS OF M.M.C DERMATOLOGY, CHENNAI DATED 04-10- 2023 ANNEXURE A8 A TRUE COPY OF THE MEDICAL RECORDS OF M.M.C DERMATOLOGY, CHENNAI DATED 28/11/2023 ANNEXURE A9 A TRUE COPY OF THE MEDICAL RECORDS OF DISTRICT AYURVEDA HOSPITAL, KOZHIKODE DATED 02-12-2023 ANNEXURE A 10 A TRUE COPY OF THE MEDICAL RECORDS OF ANGNAR ANNA GOVT HOSPITAL OF INDIAN MEDICINE, CHENNAI DATED 09-12-2023 ANNEXURE A11 A TRUE COPY OF THE MEDICAL RECORDS OF ANGNAR ANNA GOVT HOSPITAL OF INDIAN MEDICINE, CHENNAI DATED 09/01/2024