Shahista Parvin vs Nowfal
2023 Latest Caselaw 655 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 12TH DAY OF JANUARY 2023/22ND POUSHA, 1944
                   TR.P(CRL.) NO.25 OF 2020

AGAINST THE ORDER/JUDGMENT IN MC 407/2018 OF FAMILY
COURT, TIRUR IN MALAPPURAM DISTRICT TO THE FAMILY COURT
AT KOZHIKODE IN KOZHIKODE DISTRICT
PETITIONERS:

    1       SHAHISTA PARVIN, AGED 27 YEARS,
            D/O.ANSAR SHAREEF,
            NOW RESIDING AT AARIYAKKAL MANZIL,
            NEAR CHALIYAM BRIDGE, KARUVANTHURUTHI, FAROKE,
            KOZHIKODE DISTRICT, PIN-673301.

    2       AYISHA MUSHGHAN, AGED 8 YEARS,(MINOR)
            REPRESENTED BY MOTHER SAHISTA PARVI,
            AGED 27 YEARS, D/O.ANSAR SHAREEF,
            NOW RESIDING AT AARIYAKKAL MANZIL,
            NEAR CHALIYAM BRIDGE, KARUVANTHURUTHI, FAROKE,
            KOZHIKODE DISTRICT, PIN-673301.

            BY ADVS.
            SRI.J.R.PREM NAVAZ
            SRI.SUMEEN S.

RESPONDENT:

            NOWFAL, AGED 34 YEARS,
            S/O.ABDURAHIMANKUTTY,
            RESIDING AT PULLOONIPPADAM HOUSE, RUBY ROAD,
            KODAKKADAKATHU, FAROKE PATHIRAKKAD,
            KOZHIKODE DISTRICT, PIN-673631.

            BY ADV. SRI.G.SUDHEER, PUBLIC PROSECUTOR


        THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION    ON   12.01.2023,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 Tr.P.(Crl) No.25/2020
                               2


                          O R D E R

Dated, this the 12th January, 2023

This is a petition filed under Section 407

of the Code of Criminal Procedure by the

petitioners, who are the wife and child of the

respondent herein, who is the respondent in

M.C.No.407/2018 pending before the Family

Court, Tirur, Malappuram district.

2. The petitioners seek transfer of

M.C.No.407/2020 pending before the Family

Court, Tirur to Family Court, Kozhikode,

highlighting their convenience on the

assertion that they have been residing within

the jurisdiction of Family Court, Kozhikode.

3. Though direct notice could not be

served to the respondent, notice by affixture

was effected and the respondent did not

appear.

4. It is submitted by the learned counsel Tr.P.(Crl) No.25/2020

for the petitioners that at the time of filing

this M.C., the petitioners were residing

within the jurisdiction of Family Court, Tirur

and now, they had shifted their residence to

the place shown in the cause title of the

Transfer Petition in Kozhikode district and,

therefore, it is convenient for them to

conduct the case, if the case will be

transferred to Family Court, Kozhikode.

5. Since the other side not appeared and

opposed this contention, there is no reason

to disbelieve the averments as stated in the

petition and pressed for by the learned

counsel for the petitioners.

6. Therefore, I am inclined to allow this

Transfer Petition. Therefore, M.C.No.407/2018

pending before the Family Court, Tirur , is

transferred to the Family Court, Kozhikode.

7. Forward a copy of this order within 7 Tr.P.(Crl) No.25/2020

days for information and compliance to the

Family Court, Tirur and Kozhikode.

8. Family Court, Tirur is directed to

forward the case records to Family Court,

Kozhikode forthwith.

1st petitioner shall appear before the

Family Court, Kozhikode on 03.02.2023.

Sd/-

A.BADHARUDEEN, JUDGE.

ww Tr.P.(Crl) No.25/2020

APPENDIX OF TR.P(CRL.) 25/2020

PETITIONERS' ANNEXURES:

ANNEXURE A1 THE TRUE COPY OF THEM M.C.NO.407 OF 2018 ON THE FILES OF HON'BLE FAMILY COURT, TIRUR IN MALAPPURAM DISTRICT.