Dr. Shurafa Shamsudheen vs Dr. Sayid Rahman
2022 Latest Caselaw 6099 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                      TR.P(C) NO. 188 OF 2022
    AGAINST THE ORDER/JUDGMENT IN OP 244/2022 OF FAMILY COURT,
                               MALAPPURAM
PETITIONER:

          DR. SHURAFA SHAMSUDHEEN
          AGED 29 YEARS
          D/O SHAMSUDHEEN, PUTHUVEETTIL HOUSE,
          PUTHUMANASSERI, PAVARATTI.P.O,
          CHAVAKKAD, THRISSUR-680507.

          BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT:

DR. SAYID RAHMAN AGED 34 YEARS S/O.ABDURAHIMAN HAJI, KURUNGADAN HOUSE, MONGAM.P.O, MORAYUR, KONDOTTI, MALAPPURAM-673642.

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2022 ALONG WITH TR.P(C)NO.189 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

TR.P(C) NOS. 188 & 189 OF 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944 TR.P(C) NO. 189 OF 2022 AGAINST THE ORDER/JUDGMENT IN OP 243/2022 OF FAMILY COURT, MALAPPURAM PETITIONER:

DR. SHURAFA SHAMSUDHEEN AGED 29 YEARS D/O SHAMSUDHEEN, PUTHUVEETTIL HOUSE, PUTHUMANASSERI, PAVARATTI.P.O, CHAVAKKAD, THRISSUR-680507.

BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENT:

    1       DR. SAYID RAHMAN
            AGED 34 YEARS
            S/O.ABDURAHIMAN HAJI,
            KURUNGADAN HOUSE,
            MONGAM.P.O,

KONDOTTI, MALAPPURAM-673642.

    2       DR.RIJUL KAYADHEEN.T,
            AGED 35 YEARS

S/O.KOYADHEEN.T, EDAKKAD HOUSE, MATHARA.P.O, KOZHIKKODE -673014.

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2022 ALONG WITH TR.P(C)NO.188 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NOS. 188 & 189 OF 2022

COMMON ORDER

These transfer petitions are filed under Section 24 of the

Code of Civil Procedure seeking to transfer O.P Nos. 244 and

243 of 2022 pending on the file of the Family Court,

Malappuram to the Family Court, Thrissur.

2. The petitioner's case, in brief in the memorandum

of transfer petitions are that; the first respondent in

Tr.P(C)No.189/2022 has filed the above original petitions

seeking for the custody of the minor child of the couple and

for restitution of conjugal rights. The petitioner and her

four year old daughter are residing in her natal home in

Chavakkad, Thrissur. There is no person to chaperone the

petitioner and the child from Thrissur to Malappuram. The

petitioner is a destitute lady, who does not have any job or

source of income. If the petitioner is to contest the above

proceedings before the Family Court, Malappuram, she and

the child would be put to severe prejudice and hardship.

Hence, the transfer petitions.

3. Heard; Sri.Johnson Varikkappallil, the learned

counsel appearing for the petitioner. Even though notice has TR.P(C) NOS. 188 & 189 OF 2022

been served on the respondents, there is no appearance for

them.

4 The law with respect to transfer of proceedings,

particularly matrimonial disputes, is no longer res-integra, in

view of the categoric declaration of law by the Hon'ble

Supreme Court in Sumitha Sing V. Kumar Sanjay and

another [(2001)10 SCC 41)], Mona Aresh Goel V. Aresh

Satya Goel [(2000) 9 SCC 255], Vaishali Shridhar Jagtap

V. Shridhar Vishwanath Jagtap [AIR 2016 SC 3584] and

Santhini V. Vijaya Venkatesh [2017 (4) KLT 415 (SC)]. The

Honourable Supreme Court has held that it is the

convenience of the woman and children that has to be looked

into, while ordering the transfer of a case from one Court to

another.

5. In the light of the uncontroverted averments in the

transfer petitions, the law laid down by the Hon'ble Supreme

Court in the aforecited decisions and the totality of the facts

and circumstance of the case, I am inclined to exercise the

discretionary powers of this Court under Section 24 of the

Code of Civil Procedure by ordering the transfer of the above

original petitions.

In the result, the transfer petitions are allowed by TR.P(C) NOS. 188 & 189 OF 2022

ordering the transfer of O.P.244/2022 and 243/2022 from the

Family Court, Malappuram to the Family Court, Thrissur.

The Registry shall forward a copy of this judgment to the

Family Court, Malappuram with instructions to forthwith

transmit the records in the above cases to the Family Court,

Thrissur. The Family Court, Thrissur shall, immediately on

receipt of the records in the above cases, issue notice to the

parties for their appearance.

SD/-

C.S.DIAS, JUDGE

rmm01/06/2022 TR.P(C) NOS. 188 & 189 OF 2022

APPENDIX OF TR.P(C) 188/2022

PETITIONER ANNEXURES

Annexure A TRUE COPY OF THE O.P.(CUSTODY) NO:244/2022 ALONG WITH ITS NOTICE DATED 07.03.2022 ON THE FILE OF THE FAMILY COURT, MALAPPURAM.

TR.P(C) NOS. 188 & 189 OF 2022

APPENDIX OF TR.P(C) 189/2022

PETITIONER ANNEXURES

Annexure A TRUE COPY OF THE O.P.NO.243/2022 ALONG WITH ITS NOTICE DATED 05.03.2022 ON THE FILE OF THE FAMILY COURT, MALAPPURAM.