Kerala High Court
Abdul Nasser V.M vs Ruhalath on 11 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
TR.P(C) NO. 115 OF 2024
OP NO.283 OF 2022 OF FAMILY COURT, VADAKARA
PETITIONER/PETITIONER:
ABDUL NASSER V.M
AGED 58 YEARS
S/O T.A MOIDU HAJI, C/O ASHRAF V.M, NIHALAS,
DARSHANA MUKKU, MANAMMAL, KOYILANDI,
PIN - 673305
BY ADVS.
K.REEHA KHADER
ANJITHA SUDHAKARAN
RESPONDENTS/RESPONDENTS:
1 RUHALATH
AGED 46 YEARS
W/O ABDUL NASSER V.M, YASNA,
NEAR BADAR MASJID , THAZHNGADI ROAD,
KOYILANDI, PIN - 673305
2 M.T. IMBICHI AHAMMED
AGED 82 YEARS
S/O MOIDUHAJI, VEESOLINTEKAM,
NEAR BADAR MASJID , THAZHNGADI ROAD,
KOYILANDI, PIN - 673305
3 SAINABA N.E
AGED 72 YEARS
W/O M.T. IMBICHI AHAMMED,
VEESOLINTEKAM, NEAR BADAR MASJID,
THAZHNGADI ROAD, KOYILANDI , PIN - 673305
TR.P(C) NO. 115 OF 2024
- : 2 :-
BY ADVS.
V.V.SURENDRAN
P.A.HARISH(K/000392/1991)
DONA PAUL(K/001661/2018)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
TR.P(C) NO. 115 OF 2024
- : 3 :-
ORDER
This transfer petition has been filed to transfer O.P.(Oth)
No.283 of 2022 pending on the files of the Family Court,
Vatakara to Family Court, Kozhikode.
2. I have heard both sides.
3. The petitioner is the husband and the 1 st respondent is
the wife and respondents 2 and 3 are parents of the 1 st
respondent. The original petition has been filed by the husband.
The transfer has been sought on the ground of illness of the
petitioner.
4. Annexures A4 to A11 would show that the petitioner
has been suffering from Psoriatic Rheumatoid Arthritis for the
last five years and is taking treatment from various hospitals at
Kozhikode and Chennai. Both the petitioner and the respondents
are the natives of Koyilandi. According to the petitioner, his
sister and other relatives are at Kozhikode and it would be fully
convenient for him, especially considering his illness, to have the
case transferred to Kozhikode. The learned Counsel for the
TR.P(C) NO. 115 OF 2024
- : 4 :-
respondents submitted that respondents 2 and 3 are senior
citizens, and if transfer is made, they will not be able to travel to
Kozhikode. As stated already, the petitioner and the respondents
are residing at Koyilandi. The distance from Koyilandi to
Kozhikode and from Koyilandi to Vatakara is more or less
similar. But the specific case of the petitioner is that he is taking
treatment at Kozhikode as well and that his sister and other
relatives are at Kozhikode.
Considering all these aspects, I am of the view that the
transfer sought for can be granted. Hence, this Transfer Petition
is allowed. O.P.(Oth) No.283 of 2022 pending on the files of the
Family Court, Vatakara is withdrawn and transferred to Family
Court, Kozhikode, for trial and disposal.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
TR.P(C) NO. 115 OF 2024
- : 5 :-
APPENDIX OF TR.P(C) 115/2024
PETITIONER ANNEXURES:
ANNEXURE A1 A TRUE COPY OF THE PETITION OP(OTH)
ANNEXURE A2 A TRUE COPY OF THE DECREE AND JUDGMENT OF
THE OP(OTH) 283/2022 BEFORE THE FAMILY
COURT, VATAKARA DATED 26-10-2022
ANNEXURE A 3 A TRUE COPY OF THE DECREE AND JUDGMENT OF
THE OP(OTH) 283/2022 BEFORE THE FAMILY
COURT, VATAKARA DATED 26-10-2022
ANNEXURE A4 A TRUE COPY OF THE MEDICAL RECORDS OF BABY
MEMORIAL HOSPITAL LTD , KOZHIKODE DATED
08/12/2022
ANNEXURE A5 A TRUE COPY OF THE MEDICAL RECORDS OF BABY
MEMORIAL HOSPITAL LTD , KOZHIKODE DATED
30/03/2023
ANNEXURE A6 A TRUE COPY OF THE MEDICAL RECORDS OF
DISTRICT AYURVEDA HOSPITAL, KOZHIKODE
DATED 03-08-2023
ANNEXURE A7 A TRUE COPY OF THE MEDICAL RECORDS OF
M.M.C DERMATOLOGY, CHENNAI DATED 04-10-
ANNEXURE A8 A TRUE COPY OF THE MEDICAL RECORDS OF
M.M.C DERMATOLOGY, CHENNAI DATED
28/11/2023
ANNEXURE A9 A TRUE COPY OF THE MEDICAL RECORDS OF
DISTRICT AYURVEDA HOSPITAL, KOZHIKODE
DATED 02-12-2023
ANNEXURE A 10 A TRUE COPY OF THE MEDICAL RECORDS OF
ANGNAR ANNA GOVT HOSPITAL OF INDIAN
MEDICINE, CHENNAI DATED 09-12-2023
ANNEXURE A11 A TRUE COPY OF THE MEDICAL RECORDS OF
ANGNAR ANNA GOVT HOSPITAL OF INDIAN
MEDICINE, CHENNAI DATED 09/01/2024
