Hilmath vs Abdul Razak
2021 Latest Caselaw 223 Ker

               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

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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