Kerala High Court
Rashida vs Mohammed Maliyakkal on 31 July, 2025
2025:KER:57129
Tr.P(C) Nos.216/2025, 206/2025, 213/2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
TR.P(C) NO. 216 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.563 OF 2020 OF FAMILY
COURT, TIRUR
PETITIONER/S:
RASHIDA
AGED 43 YEARS
W/O MOHAMMED MALIYAKKAL, MALIYAKKAL HOUSE, ACHANAMBALAM,
KANNAMANGALAM P.O, TIRURANGADI TALUK, MALAPPURAM DISTRICT,
PIN - 676304
BY ADVS.
SRI.P.K.MOHAMED JAMEEL
SMT. SUHARABI KANNETH
SMT.SMRITHI HARRIS
RESPONDENT/S:
MOHAMMED MALIYAKKAL
S/O KUNJALI MALIYAKKAL, MALIYAKKAL HOUSE, ACHANAMBALAM,
KANNAMANGALAM P.O,TIRURANGADI TALUK, MALAPPURAM DISTRICT,
PIN - 676304
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.07.2025, ALONG WITH Tr.P(C).206/2025, 213/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:57129
Tr.P(C) Nos.216/2025, 206/2025, 213/2025
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
TR.P(C) NO. 206 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1021 OF 2021 OF FAMILY
COURT, TIRUR
PETITIONER/S:
1 RASHIDA
AGED 43 YEARS
W/O MOHAMMED MALIYAKKAL, MALIYAKKAL HOUSE, ACHANAMBALAM,
KANNAMANGALAM P.O, TIRURANGADI TALUK, MALAPPURAM DISTRICT,
PIN - 676304
2 FATHIMA MEHVISH (MINOR)
AGED 14 YEARS
REPRESENTED BY MOTHER AND GUARDIAN, D/O RASHIDA, MALIYAKKAL
HOUSE, ACHANAMBALAM, KANNAMANGALAM P.O, TIRURANGADI TALUK,
MALAPPURAM DISTRICT, PIN - 676304
BY ADVS.
SRI.P.K.MOHAMED JAMEEL
SMT. SUHARABI KANNETH
SMT.SMRITHI HARRIS
RESPONDENT/S:
1 MOHAMMED MALIYAKKAL
AGED 50 YEARS
S/O KUNJALI MALIYAKKAL, MALIYAKKAL HOUSE, ACHANAMBALAM,
KANNAMANGALAM P.O, TIRURANGADI TALUK, MALAPPURAM DISTRICT,
PIN - 676304
2025:KER:57129
Tr.P(C) Nos.216/2025, 206/2025, 213/2025
3
2 FATHIMA
AGED 69 YEARS
W/O KUNJALI MALIYAKKAL, MALIYAKKAL HOUSE, ACHANAMBALAM,
KANNAMANGALAM P.O, TIRURANGADI TALUK, MALAPPURAM DISTRICT,
PIN - 676304
3 KUNJALI MALIYAKKAL
AGED 78 YEARS
S/O MOHAMMED, MALIYAKKAL HOUSE, ACHANAMBALAM, KANNAMANGALAM
P.O, TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN - 676304
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.07.2025, ALONG WITH Tr.P(C).216/2025 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:57129
Tr.P(C) Nos.216/2025, 206/2025, 213/2025
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
TR.P(C) NO. 213 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.315 OF 2022 OF FAMILY
COURT, TIRUR
PETITIONER/S:
RASHIDA
AGED 43 YEARS
W/O MOHAMMED MALIYAKKAL, MALIYAKKAL HOUSE, ACHANAMBALAM,
KANNAMANGALAM P.O, TIRURANGADI TALUK, MALAPPURAM DISTRICT,
PIN - 676304
BY ADVS.
SRI.P.K.MOHAMED JAMEEL
SMT. SUHARABI KANNETH
SMT.SMRITHI HARRIS
RESPONDENT/S:
MOHAMMED MALIYAKKAL
AGED 50 YEARS
S/O KUNJALI MALIYAKKAL, MALIYAKKAL HOUSE, ACHANAMBALAM,
KANNAMANGALAM P.O, TIRURANGADI TALUK, MALAPPURAM DISTRICT,
PIN - 676304
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.07.2025, ALONG WITH Tr.P(C).216/2025 AND CONNECTED CASES, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:57129
Tr.P(C) Nos.216/2025, 206/2025, 213/2025
5
ORDER
(Dated this the 31st day of July, 2025) These transfer petitions have been filed for the transfer of O.P Nos. 563/2020, 1021/2021 & 315 of 2022 from the Family Court, Tirur to the Family Court, Malappuram.
2. Heard the arguments of the learned counsel for the petitioner. Notice was duly served on the respondent, but despite service, the respondent did not enter appearance and remained unrepresented.
3.The case of the petitioner is that, the petitioner has filed O.P No.1021/2021 on the files of Family Court, Tirur, for the return of gold, cash, past maintenance, and compensation against the respondent. The respondent also filed O.P No. 563/2020 on the files of the Family Court, Tirur, for restitution of conjugal rights, and also another O.P No.315 /2022 to declare that the car belongs to him. However, the petitioner has filed M.C No.92/2019 before the Judicial First Class Magistrate Court, Malappuram under 2025:KER:57129 Tr.P(C) Nos.216/2025, 206/2025, 213/2025 6 Section 23 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'DV Act'). The petitioner is currently residing in Malappuram and employed as a High School Teacher. She is unable to travel from Malappuram to attend the case at the Family Court, Tirur, as the up and down journey takes more than two hours. Therefore, prayed for the transfer.
4.Considering the facts and circumstances of the cases, the petitioner herself has filed the petition in O.P. 1021 of 2021 before the Family Court, Tirur, and the other two cases are filed by the respondent at the Family Court Tirur. The petitioner is presently residing at Malappuram and working as a High School Teacher. It is also noted that she has also filed a case before the Judicial First Class Magistrate Court, Malappuram, under the DV Act in M.C No.92/2019.
5.It is difficult for her to travel from Tirur to Malappuram as the up and down journey takes more than two hours, causing inconvenience to her. However, though the respondent has to appear before the Judicial First Class Magistrate Court, 2025:KER:57129 Tr.P(C) Nos.216/2025, 206/2025, 213/2025 7 Malappuram in M.C No.92/2019, and there is no hurdle for him to attend the cases at the Family Court, Malappuram, if they are transferred.
6.Accordingly, I hold that the petitioner has made out a case for the transfer of these petitions.
7.In the result, Tr.P(C) Nos.216 of 2025, 206 of 2025, 213 of 2025 are allowed.
The O.P Nos. 563 of 2020, 1021 of 2021 and 315 of 2022, pending on the files of the Family Court, Tirur are hereby withdrawn and transferred to the Family Court, Malappuram, to try and dispose, in accordance with law.
Sd/-
K. NATARAJAN JUDGE SJ 2025:KER:57129 Tr.P(C) Nos.216/2025, 206/2025, 213/2025 8 APPENDIX OF TR.P(C) 206/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF O.P NO: 1021/2021 ON THE FILES OF FAMILY COURT, TIRUR Annexure A2 A TRUE COPY OF COUNTER STATEMENT FILED BY RESPONDENTS IN O.P. NO.1021/2021 OF FAMILY COURT, TIRUR Annexure A3 A TRUE COPY OF M.C NO. 92/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM 2025:KER:57129 Tr.P(C) Nos.216/2025, 206/2025, 213/2025 9 APPENDIX OF TR.P(C) 213/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE O.P NO. 315/2022 OF FAMILY COURT, TIRUR Annexure A2 A TRUE COPY OF COUNTER STATEMENT FILED BY RESPONDENT IN O.P.NO.315/2022 OF FAMILY COURT, TIRUR Annexure A3 THE TRUE COPY OF THE M.C NO. 92/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MANJERI 2025:KER:57129 Tr.P(C) Nos.216/2025, 206/2025, 213/2025 10 APPENDIX OF TR.P(C) 216/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF O.P NO: 563/2020 ON THE FILES OF FAMILY COURT, TIRUR Annexure A2 A TRUE COPY OF COUNTER STATEMENT FILED BY RESPONDENTS IN O.P. NO.563/2020 OF FAMILY COURT, TIRUR Annexure A3 A TRUE COPY OF M.C NO. 92/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM