Binshy T vs Shibil Khan
2021 Latest Caselaw 5462 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

       THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

  MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                  Tr.P(Crl.).No.46 OF 2020

 AGAINST THE ORDER/JUDGMENT IN MC 472/2019 OF FAMILY COURT,
                         MALAPPURAM


PETITIONER/S:

            BINSHY T.,
            AGED 27 YEARS,
            D/o.BALAGOPALAN, THARAMMAL HOUSE, VETTATHOOR,
            VAZHAKKAD, MALAPPURAM DISTRICT NOW SHE IS
            RESIDING AT 66/4900, SABARI, T.D.NORTH END,
            ERNAKULAM - 682 035.

            BY ADVS.
            SMT.K.N.RAJANI
            SRI.R.SUDHEER

RESPONDENT/S:

            SHIBIL KHAN
            AGED 30 YEARS, S/O.MOIDEENKUTTY, PARAMMAL
            HOUSE, VALLUVAMBRAM P.O., ERANAD TALUK,
            MALAPPURAM DISTRICT, PIN - 673 642.

            R1 BY ADV. SRI.R.RANJITH (MANJERI)

     THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY
HEARD ON 15.02.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Tr.P(Crl).No46 of 2020


                              -2-



                          ORDER

In this Transfer Petition, the prayer

is to transfer M.C.No.472/2019 on the files

of the Family Court, Malappuram to the

Family Court, Ernakulam for the trial and

disposal, in accordance with law.

2. Heard.

3. It is contented by the petitioner

that the marriage of the petitioner with the

respondent was on 3.4.2017. It was an

inter-cast marriage. The petitioner is a

Hindu and the respondent is a Muslim. Since

the petitioner married a person from a

different religion, she was sent out from

her house. Now, the respondent also

deserted her. The petitioner is not having Tr.P(Crl).No46 of 2020

any employment or other source of income for

her livelihood. Presently, she is looked

after by her aunt at Ernakulam. Therefore,

she finds it very difficult to travel from

Ernakulam to the Family court, Malappurm to

contest the case.

4. It is not disputed that the

marriage of the petitioner with the

respondent was an inter-cast marriage. The

learned counsel for the respondent is not

able to state as to whether the petitioner

was thrown away from her house by her

parents or not. The learned counsel for the

respondent is also not able to state as to

whether the petitioner is presently residing

at Ernakulam or not, even though the learned Tr.P(Crl).No46 of 2020

counsel for the respondent has submitted

that the permanent residence of the

petitioner is at Malappuram.

5. Having gone through the relevant

inputs, including the fact that the

petitioner is presently residing at Ernakulam,

I am of the view that transferring the above

case from the Family Court, Malappuram to

the Family Court, Ernakulam will be

convenient to the petitioner. It further

appears that the above order of transfer

will not cause any prejudice to the

respondent. In the said circumstances, it

is only just and proper to transfer the

above M.C. to the Family Court, Ernakulam

for the trial and disposal, in accordance Tr.P(Crl).No46 of 2020

with law.

In the result, this Transfer Petition

stands allowed, transferring M.C.No.472/

2019 on the files of the Family Court,

Malappuram to the Family Court, Ernakulam

for the trial and disposal, in accordance

with law.

The case records shall be transmitted

to the transferee court forthwith.

The parties shall appear before the

transferee court on 7.04.2021, without

further notice.

Sd/-

B. SUDHEENDRA KUMAR, JUDGE STK Tr.P(Crl).No46 of 2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF M.C.NO.472/2019 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, MALAPPURAM.