Kerala High Court
Fathimath Anasiya vs Muhammed Unais on 3 June, 2022
TR.P(C) NO. 214 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
TR.P(C) NO. 214 OF 2022
OP 335/2022 OF FAMILY COURT,KOZHIKODE
PETITIONER/S:
FATHIMATH ANASIYA, AGED 26 YEARS, W/O. MUHAMMED
UNAIS & D/O. ASMABI K,NEDUMPALA HOUSE, KAKKAVAYAL
P.O.,MUTTIL, VYTHIRI TALUK, KALPETTA,WAYANAD
DISTRICT, PIN - 673122
BY ADV MATHEW KURIAKOSE
RESPONDENT/S:
MUHAMMED UNAIS, AGED 31 YEARS, S/O. ABDURAHIMAN,
KULIKUNNUNMAL HOUSE, KOODATHAYI P.O.,KOODATHAYI
VILLAGE, THAMARASSERY TALUK,KOZHIKKODE DISTRICT
, PIN - 673573
BY ADVS.
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
TR.P(C) NO. 214 OF 2022
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ORDER
The transfer petition is filed under Section 24 of the
Code of Civil Procedure, seeking to transfer O.P.
No.335/2022 (Annexure A) from the Family Court,
Kozhikode to the Family Court, Kalpetta.
2. The petitioner's case, in brief, in the
memorandum of transfer petition is that; she is the wife of
the respondent. They have two minor children born in their
wedlock. Due to the strain in the matrimonial relationship,
the petitioner is residing with her children in her natal
home in Kalpetta. The petitioner has no means to maintain
herself. The respondent has filed Annexure A seeking a
decree for restitution of conjugal rights only to harass the
petitioner. The distance between the petitioner's residence
and the Family Court at Kozhikode is more than 100
kilometers. The petitioner would have to travel with her
children from Kalpetta to Kozhikode to contest Annexure
A, which would be difficult for them. On the other hand,
the respondent can very easily travel to the Family Court,
TR.P(C) NO. 214 OF 2022
Kalpetta. Hence, the transfer petition.
3. Heard; the learned counsel appearing for the
petitioner and the learned counsel appearing for the
respondent.
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 Hon'ble 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 pleadings and
materials on record, the totality of the facts and
circumstances of the case, particularly the fact that the
TR.P(C) NO. 214 OF 2022
petitioner and the two minor children are residing at
Kalpetta, and the law laid down by the Hon'ble Supreme
Court in the afore-cited decisions, I am inclined to exercise
the discretionary powers of this Court under Section 24 of
the Code of Civil Procedure.
In the result, I allow the transfer petition by ordering
transfer of O.P.No.335/2022 from the Family Court,
Kozhikkode to the Family Court, Kalpetta. The Registry
shall forward a copy of this judgment to the Family Court,
Kozhikkode with instructions to forthwith transmit the
records in Annexure A to the Family Court, Kalpetta. The
Family Court, Kalpetta shall, immediately on receipt of the
records in Annexure A, issue notice to the parties for their
appearance.
Sd/-
C.S.DIAS, JUDGE
rkc/03.06.22
TR.P(C) NO. 214 OF 2022
APPENDIX OF TR.P(C) 214/2022
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE PETITION IN O.P. NO. 335
OF 2022 FROM THE FILES OF THE FAMILY
COURT, KOZHIKODE
Annexure B TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER HEREIN IN O.P. NO. 335 OF 2022
ON THE FILES OF THE FAMILY COURT,
KOZHIKODE
