Suvija.H vs S.Muhammed Noufal
2021 Latest Caselaw 8844 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                       Tr.P(C).No.79 OF 2021

AGAINST THE ORDER/JUDGMENT IN OP 1546/2019 OF FAMILY COURT,KOLLAM


PETITIONER:

              SUVIJA.H,
              AGED 31 YEARS
              D/O.HALEEL,
              S.H.MAHAL,
              VADAKKUMBHAGOM,
              KAZHAKUTTOM,
              THIRUVANANTHAPURAM,PIN-695 582

              BY ADVS.
              SRI.P.J.ANILKUMAR
              SRI.P.S.SREE PRASAD

RESPONDENT:

              S.MUHAMMED NOUFAL,
              S/O. SHARAFUDEEN,
              KALLUVILA VEEDU,
              CHANDANATHOPE P.O.,
              KOLLAM,PIN-691 014

              R1 BY ADV. SRI.VISHAK.K.JOHNSON
              R1 BY ADV. SRI.S.NITHIN (ANCHAL)

     THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).No.79 OF 2021

                                     2




                             JUDGMENT

Dated this the 17th day of March 2021

This transfer petition is filed by the petitioner, who is the

respondent in O.P.No.1546/2019 filed for restitution of conjugal

rights. The petitioner's request is to transfer of O.P. from the file of

the Family Court, Kollam to Family Court, Attingal.

2. The learned counsel for the petitioner points out

that she has already filed M.C.No.388/2020 claiming maintenance

before the Family Court, Attingal. She is residing in a place called

Kazhakuttom within the jurisdictional limits of Family Court,

Attingal. According to her, she is not in a position to undertake

travel for 60 km from her place of her residence to Family Court,

Kollam.

3. I have heard the learned counsel for the

respondent, who submitted that there is no merit in the claim for

transfer made by the wife and no inconvenience will be caused to

the petitioner, if the proceedings are carried forward before the

Family Court, Kollam.

4. Having heard the submissions made by the Tr.P(C).No.79 OF 2021

respective counsel appearing on both parties, I am of the opinion

that the proceedings pending on the file of the Family Court, Kollam

ought to be transferred to Family Court, Attingal, considering the

inconvenience pointed out by the petitioner.

In the result, transfer petition is allowed. The

proceedings in O.P.No.1546/2019 on the file of the Family Court,

Kollam are withdrawn and made over to Family Court, Attingal. The

transferee Family Court shall on receipt of the records fix an early

date for appearance of the parties and issue notice to them.

Sd/-

T.V.ANILKUMAR JUDGE

SMF Tr.P(C).No.79 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-1 TRUE PHOTOCOPY OF THE PETITION IN OP NO.1546 OF 2019 ON THE FILE OF FAMILY COURT, KOLLAM

ANNEXURE-2 TRUE PHOTOCOPY OF THE PETITION IN M.C.NO.388 OF 2020 BEFORE THE FAMILY COURT, ATTINGAL

//TRUE COPY// PA TO JUDGE