Shifana Oobaid vs Dr.Mufeed.C.M
2021 Latest Caselaw 19579 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                        TR.P(C) NO. 268 OF 2021
 AGAINST THE ORDER/JUDGMENT IN OP 555/2021 OF FAMILY COURT,THRISSUR,
                                THRISSUR
PETITIONER/S:

     1     SHIFANA OOBAID
           AGED 30 YEARS
           D/O. BADARUDEEN OOBAID, RESIDING AT DAR AL SHIFA, BISMI
           GARDEN, CHITTATTUMUKKU P.O, KANIYAPURAM,
           THIRUVANANTHAPURAM.

     2     BADARUDHEEN OOBAID,
           RESIDING AT DAR AL SHIFA, BISMI GARDEN, CHITTATTUMUKKU
           P.O, KANIYAPURAM, THIRUVANANTHAPURAM.

           BY ADV MAJIDA.S



RESPONDENT/S:

           DR.MUFEED.C.M
           AGED 34 YEARS, S/O. MUHAMMED ABDU RAHIMAN,
           CHEMBALAKATTIL, KOCHANNUR P.O, VADAKKEKAD, KOCHANNUR,
           THRISSUR DISTRICT-679 562

           BY ADV K.RAKESH




     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 TR.P(C) NO. 268 OF 2021
                                     2



                                 ORDER

Dated this the 17th day of September, 2021 The spouses are at loggerheads and have resorted to legal

remedies. The petitioner (wife) has filed O.P No.1371 of 2019 for

recovery of gold ornaments and money and the respondent (husband)

has filed O.P No. 1635 of 2020 and 1540 of 2019 before the Family

Court, Attingal. The original petitions filed by the husband are

seeking custody of the minor child under the Guardians and Wards

Act and for restitution of conjugal rights. Pending these matters, the

husband filed OP No. 555 of 2021 before the Family Court, Thrissur

seeking compensation and other reliefs. This transfer petition is filed

by the wife seeking transfer of the original petition filed by the

husband before the Family Court, Thrissur to the Family Court,

Attingal, where the other three cases are pending. The difficulty in

commuting to Thrissur and the possibility of divergent decisions

being rendered are urged as grounds for transfer. On behalf of the

respondent objection is raised, contenting that convenience of the

parties will not confer jurisdiction on the Courts.

2.Having heard the learned counsel and being guided by the TR.P(C) NO. 268 OF 2021

decisions of the Honourable Supreme Court in Sumita Singh v Kumar

Sanjay and another [(2001) 10 SCC 41, Rajani Kishore Pardesh v Kishore

Babulal Pardesh [ (2005) 1 SCC 237 and a plethora of other decisions,

holding that in transfer petitions arising from matrimonial cases,

convenience of the wife should be preferred over that of the husband. I am

inclined to allow the request for transfer.

In the result, the transfer petition is allowed. O.P. No. 555 of

2021 on the files of the Family Court, Thrissur shall forthwith be

transferred to the Family Court, Attingal. Learned counsel for the

petitioner submits that the cases before the Attingal Family Court are

posted to 5.10.2021. Hence, the transferee Court is directed to take

up the transferred cases on 5.10.2021. The parties shall appear

before the Family Court, Attingal on 5.10.2021.

Sd/-

V.G ARUN JUDGE

SJ TR.P(C) NO. 268 OF 2021

APPENDIX OF TR.P(C) 268/2021

PETITIONER ANNEXURE

ANNEXURE A1 TRUE COPY OF TH O.P. NO. 1371/2019 ON THE FILE OF FAMILY COURT, ATTINGAL DATED NIL.

ANNEXURE A2 TRUE COPY OF THE O.P. (G&W) NO. 1635/2020 BEFORE THE FAMILY COURT, ATTINGAL DATED 22.12.2020.

ANNEXURE A3 TRUE COPY OF THE I.A. NO. 2/2021 IN O.P. NO.

555/2021 ON THE FILE OF FAMILY COURT, THRISSUR DATED 9.3.2021.

ANNEXURE A4 TRUE COPY OF THE I.A. NO. 3/2021 IN O.P. NO.

555/2021 ON THE FILE OF FAMILY COURT, THRISSUR DATED 9.3.2021.