Salman Bin Ameer Ali vs Hasheen Mehmood
2022 Latest Caselaw 1349 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
 FRIDAY, THE 4TH DAY OF FEBRUARY 2022 / 15TH MAGHA, 1943
                    TR.P(C) NO. 535 OF 2020
   AGAINST THE ORDER/JUDGMENT IN OP 812/2020 OF FAMILY
                       COURT, MALAPPURAM
PETITIONER/RESPONDENT IN OP:

            SALMAN BIN AMEER ALI, AGED 40 YEARS
            S/O. AMEER ALI, SALMANS MALIAKKAL,
            ACHANVEETTIL LANE, SRM ROAD,
            ERNAKULAM, PIN-680 012.

            BY ADVS.
            SRI.V.PREMCHAND
            SMT.SURYA MOHAN P.

RESPONDENT/PETITIONER IN OP:

            HASHEEN MEHMOOD, D/O. K.K.MOHAMMED, FROM NEST,
            KERALA STATE HOUSING BOARD COLONY,
            PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679322,
            NOW PERMANENTLY RESIDING AT APARTMENT NO.093,
            BUILDING NO.D, DLF NEW TOWN HEIGHTS, KAKKANAD,
            ERNAKULAM.

            BY ADV. SRI.DEEPAK RAJ


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION    ON   04.02.2022,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 Tr.P(C) No.535 of 2020
                                 2




                          O R D E R

The petitioner, who is husband of the

respondent herein, who is the original

petitioner in O.P.No.812 of 2020 pending

before the Family Court, Malappuram, seeks

transfer the same to the Family Court,

Ernakulam.

2. Adv. Deepak Raj, appearing for the

respondent, opposed transfer sought for

herein. However, it is discernible that the

same respondent herein conceded transfer of

O.P.No.141 of 2021 in between the same

parties, pending before the Family Court,

Malappuram to Family Court, Ernakulam when

Tr.P.(C) No.587/2021 in between the same

parties was considered. Accordingly, the said

case was transferred by allowing Tr.P.(C)

No.587/2021. Thus the respondent's objection

in transferring this case alone cannot be Tr.P(C) No.535 of 2020

sustained or found favour.

3. Therefore, this case also is liable to

be transferred for considering the same along

with O.P.No.141 of 2021.

4. In the result, this petition is

allowed. O.P.No.812 of 2020 pending before the

Family Court, Malappuram, is transferred to

the Family Court, Ernakulam.

Forward a copy of this order within two

weeks for compliance to the Family Court,

Malappuram. Family Court, Malappuram is

directed to forward the case records to Family

Court, Ernakulam forthwith.

Parties shall appear before the Family

Court, Ernakulam on 21.02.2022.

Sd/-

A.BADHARUDEEN, JUDGE.

ww Tr.P(C) No.535 of 2020

APPENDIX OF TR.P(C) 535/2020

PETITIONER'S ANNEXURES:

ANNEXURE 1 TRUE COPY OF THE ORIGINAL PETITION DATED 07.12.2020 BEFORE THE FAMILY COURT, MALAPPURAM IN O.P NO.812/2020.

ANNEXURE 2 TRUE COPY OF THE ORIGINAL PETITION DATED 14.11.2020 BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM IN O.P (G W) NO.2440/2020.

ANNEXURE 3 TRUE COPY OF THE COMPLAINT FILED BY THE RESPONDENT DATED 28.6.2020 BEFORE THE THRIKKAKARA POLICE STATION.