Thasneem.M vs Mohamed Aslam
2024 Latest Caselaw 18495 Ker

Kerala High Court

Thasneem.M vs Mohamed Aslam on 27 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
                     TR.P(C) NO. 103 OF 2024
       OP NO.1023 OF 2022 OF FAMILY COURT, NEDUMANGAD
PETITIONER/RESPONDENT:

            THASNEEM.M
            AGED 34 YEARS
            D/O MUHAMMED MUSTHAFA, VANDIPETTA PURAYIDAM,
            OTTAKKAL PO, THENMALA PO, KOLLAM DISTRICT,
            NOW RESIDING AT KUZHIVILA HOUSE, ALAMKODU P.O
            ALAMKODU VILLAGE, ATTINGAL,
            THIRUVANANTHAPURAM, PIN - 695102
            BY ADV LATHEESH SEBASTIAN


RESPONDENT/PETITIONER:

            MOHAMED ASLAM,
            AGED 43 YEARS
            S/O LATE M. BESHEER AHAMED, LAILA MANSIL,
            PAZHAYA CHANTHA, THUMBODE ROAD, KALLARA,
            KALLARA P.O, NEDUMANGAD, THIRUVANANTHAPURAM,
            PIN - 691308
            BY ADVS.
            R.HARIKRISHNAN (H-308)
            G.SUDHEER(K/000467/1992)
            SMRITHI S.S.(K/1674/2018)



     THIS     TRANSFER   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.06.2024, ALONG WITH TR.P(C).169/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 TR.P(C) Nos.103, 169, 225 & 358 OF 2024
                            - : 2 :-



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
                  TR.P(C) NO. 169 OF 2024
        OP NO.1406 OF 2023 OF FAMILY COURT, ATTINGAL
PETITIONER/RESPONDENT:

          LAILA BEEVI
          AGED 65 YEARS
          W/O. BASHEER AHAMMED, LAILA MANZIL,
          THUMBODE ROAD, PAZHAYACHANDA, KALLARA VILLAGE,
          NEDUMANGADU TALUK, THIRUVANNATHAPURAM ,
          PIN - 695608
          BY ADVS.
          G.SUDHEER
          R.HARIKRISHNAN (H-308)
          SMRITHI S.S.


RESPONDENTS/PETITIONERS & 1ST RESPONDENT:

    1     THASNI. M
          AGED 34 YEARS
          D/O. MUHAMMED MUSTAFA, VANDIPETTA PURAYIDAM,
          OTTAKKAL P.O., THENMALA VILLAGE,
          PUNALUR TALUK, KOLLAM DISTRICT,
          PIN - 691308
    2     MUHAMMED ADEEN
          AGED 13 YEARS
          S/O. THASINI, VANDIPETTA PURAYIDAM, OTTAKKAL
          P.O., THENMALA VILLAGE, PUNALUR TALUK, KOLLAM
          DISTRICT, MINOR, REPRESENTED BY HIS MOTHER AND
          NATURAL GUARDIAN, THE 1ST RESPONDENT.,
          PIN - 691308
 TR.P(C) Nos.103, 169, 225 & 358 OF 2024
                                - : 3 :-

    3       MUHAMMED RAYYAN
            AGED 7 YEARS
            S/O. THASNI, VANDIPETTA PURAYIDAM,
            OTTAKKAL P.O., THENMALA VILLAGE,
            PUNALUR TALUK, KOLLAM DISTRICT, MINOR,
            REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN,
            THE 1ST RESPONDENT., PIN - 691308
    4       MUHAMMED ASLAM
            AGED 42 YEARS
            S/O. BASHEER AHAMMED, LAILA MANZIL, THUMBODE
            ROAD, PAZHAYACHANDA, KALLARA VILLAGE,
            NEDUMANGADU TALUK,
            THIRUVANNATHAPURAM, PIN - 695608
            BY ADV LATHEESH SEBASTIAN



     THIS    TRANSFER   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION    ON   27.06.2024,      ALONG   WITH   TR.P(C).103/2024,
225/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 TR.P(C) Nos.103, 169, 225 & 358 OF 2024
                               - : 4 :-


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
                     TR.P(C) NO. 225 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.1013 OF 2022 OF
FAMILY COURT, NEDUMANGAD
PETITIONER/RESPONDENT:

           THASNEEM.M
           AGED 34 YEARS
           D/O MUHAMMED MUSTHAFA, VANDIPETTA PURAYIDAM,
           OTTAKKAL PO, THENMALA PO, KOLLAM DISTRICT,
           NOW RESIDING AT KUZHIVILA HOUSE, ALAMKODU P.O
           ALAMKODU VILLAGE, ATTINGAL,
           THIRUVANANTHAPURAM, PIN - 695102
           BY ADV LATHEESH SEBASTIAN


RESPONDENT/PETITIONER:

           MOHAMED ASLAM
           AGED 43 YEARS
           S/O LATE M. BESHEER AHAMED, LAILA MANSIL,
           PAZHAYA CHANTHA, THUMBODE ROAD, KALLARA,
           KALLARA P.O, NEDUMANGAD,
           THIRUVANANTHAPURAM, PIN - 691308
           BY ADVS.
           R.HARIKRISHNAN (H-308)
           G.SUDHEER(K/000467/1992)
           SMRITHI S.S.(K/1674/2018)

    THIS     TRANSFER   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.06.2024, ALONG WITH TR.P(C).169/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 TR.P(C) Nos.103, 169, 225 & 358 OF 2024
                            - : 5 :-




          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
                  TR.P(C) NO. 358 OF 2024
        OP NO.1406 OF 2023 OF FAMILY COURT, ATTINGAL
PETITIONERS/PETITIONERS:

    1    THASNEEM M
         AGED 34 YEARS
         D/O.MUHAMMAD MUSTHAFA, KUZHIVILA HOUSE,
         ALAMKODE P.O, ALAMKODE VILLAGE,
         ATTINGAL, THIRUVANANTHAPURAM,
         NOW RESIDING AT VANDIPETTA PURAYIDAM,
         OTTAKKAL P.O., THENMALA,
         KOLLAM DISTRICT, PIN - 695102
    2    MUHAMMED ADEEN
         AGED 13 YEARS
         S/O OF MUHAMMED ASLAM,
         KUZHIVILA HOUSE, ALAMKODE P.O,
         ALAMKODE VILLAGE, ATTINGAL,
         THIRUVANANTHAPURAM.
         NOW RESIDING AT VANDIPETTA PURAYIDAM,
         OTTAKKAL P.O, THENMALA,
         KOLLAM DISTRICT.
         MINOR REPRESENTED BY HIS MOTHER AND NATURAL
         GUARDIAN, THASNEEM M, D/O.MUHAMMAD MUSTHAFA,
         AGED 34 YEARS, KUZHIVILA HOUSE, ALAMKODE P.O,
         ALAMKODE VILLAGE, ATTINGAL,
         THIRUVANANTHAPURAM.
         NOW RESIDING AT VANDIPETTA PURAYIDAM,
         OTTAKKAL P.O., THENMALA,
         KOLLAM DISTRICT, PIN - 695102
 TR.P(C) Nos.103, 169, 225 & 358 OF 2024
                               - : 6 :-

    3       MUHAMMED RAYAN
            AGED 7 YEARS
            S/O OF MUHAMMED ASLAM, KUZHIVILA HOUSE,
            ALAMKODE P.O, ALAMKODE VILLAGE,ATTINGAL,
            THIRUVANANTHAPURAM. NOW RESIDING AT VANDIPETTA
            PURAYIDAM, OTTAKKAL P.O, THENMALA, KOLLAM
            DISTRICT. MINOR REPRESENTED BY HIS MOTHER AND
            NATURAL GUARDIAN, THASNEEM M, D/O.MUHAMMAD
            MUSTHAFA, AGED 34 YEARS, KUZHIVILA HOUSE,
            ALAMKODE P.O, ALAMKODE VILLAGE,ATTINGAL,
            THIRUVANANTHAPURAM. NOW RESIDING AT VANDIPETTA
            PURAYIDAM, OTTAKKAL P.O, THENMALA, KOLLAM
            DISTRICT., PIN - 695102
            BY ADV LATHEESH SEBASTIAN


RESPONDENTS/RESPONDENTS:

    1       MUHAMMED ASLAM
            AGED 42 YEARS
            S/O BHASHEER AHAMMED, LAILA MANSIL,
            THUMBODE LANE, PAZHAYA CHANTHA, KALLARA VILLAGE,
            NEDUMANGAD, THIRUVANANTHAPURAM., PIN - 695608
    2       LAILA BEEVI
            AGED 65 YEARS
            W/O MUHAMMED ASLAM, LAILA MANSIL, THUMBODE LANE,
            PAZHAYA CHANTHA, KALLARA VILLAGE, NEDUMANGAD,
            THIRUVANANTHAPURAM, PIN - 695608

     THIS    TRANSFER   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.06.2024, ALONG WITH TR.P(C).169/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 TR.P(C) Nos.103, 169, 225 & 358 OF 2024
                              - : 7 :-




                           ORDER

These four transfer petitions are connected. O.P.No.1023 of

2022 and O.P.No.1013 of 2022 are pending before the Family

Court, Nedumangad and O.P.No.1406 of 2023 is pending before

the Family Court, Attingal. Tr.P.(C) No.103 of 2024 and Tr.P.(C)

No.225 of 2024 have been filed by the wife against the husband

to transfer O.P.No.1023 of 2022 and O.P.No.1013 of 2022

pending before the Family Court, Nedumangad to the Family

Court, Punalur. Tr.P.(C) No.358 of 2024 has been filed by the

wife and children against the husband and mother-in-law to

transfer O.P.No.1406 of 2023 pending before the Family Court,

Attingal to the Family Court, Punalur. Tr.P.(C) No.169 of 2024

has been filed by the mother-in-law against daughter-in-law and

her children to transfer O.P.No.1406 of 2023 pending before the

Family Court, Attingal to the Family Court, Nedumangad.

2. I have heard the learned counsel for the petitioners

and the learned counsel for the respondents. TR.P(C) Nos.103, 169, 225 & 358 OF 2024

- : 8 :-

3. It is submitted that another case between the same

parties is pending before the Family Court, Punalur, as

M.C.No.292 of 2022. Since all the matters are connected, it is

just and proper that all of them are tried and disposed of by the

very same Family Court. The wife is now residing at Punalur

along with her minor children. It is settled that, in considering

the transfer petitions concerning family matters, the convenience

of the wife has to be given predominance.

Hence, Transfer Petition Nos.103, 225 & 358 of 2024 are

allowed. O.P.No.1023 of 2022 and O.P.No.1013 of 2022 pending

before the Family Court, Nedumangad and O.P.No.1406 of 2023

pending before the Family Court, Attingal are withdrawn and

transferred to Family Court, Punalur to try along with

M.C.No.292 of 2022. Transfer Petition No. 169 of 2024 is

dismissed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS TR.P(C) Nos.103, 169, 225 & 358 OF 2024

- : 9 :-

APPENDIX OF TR.P(C) 103/2024

PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE PETITION IN O.P. NO.1406/2023 OF FAMILY COURT, ATTINGAL ANNEXURE 2 TRUE COPY OF THE PETITION IN O.P NO 1023 /2022 OF FAMILY COURT, NEDUMANGAD TR.P(C) Nos.103, 169, 225 & 358 OF 2024

- : 10 :-

APPENDIX OF TR.P(C) 169/2024

PETITIONER ANNEXURES ANNEXURE A 1 COPY OF THE ORIGINAL PETITION IN O.P. NO. 1406/2023 ON THE FILE OF THE FAMILY COURT, ATTINGAL ANNEXURE A 2 COPY OF THE RECEIPT DATED 6.3.2023 ISSUED BY PRINCIPAL, PUSHPUAGIRIYIL CENTRAL SCHOOL, EDAMON ANNEXURE A 3 COPY OF THE ORIGINAL PETITION IN O.P. NO. 1013/2022 ON THE FILE OF THE FAMILY COURT, NEDUMANGADU ANNEXURE A 4 COPY OF THE ORIGINAL PETITION IN O.P. NO. 1023/2022 ON THE FILE OF THE FAMILY COURT, NEDUMANGADU ANNEXURE A 5 COPY OF M.C. NO. 292/2022 ON THE FILE OF THE FAMILY COURT, NEDUMANGADU ANNEXURE A 6 COPY OF THE I.A. NO. 3/2023 IN O.P. NO.

1406/2023 ON THE FILE OF FAMILY COURT, ATTINGAL TR.P(C) Nos.103, 169, 225 & 358 OF 2024

- : 11 :-

APPENDIX OF TR.P(C) 225/2024

PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE PETITION IN O.P. NO.1406/2023 OF FAMILY COURT, ATTINGAL ANNEXURE 2 TRUE COPY OF THE PETITION IN O.P. NO.1013/2022 OF FAMILY COURT, NEDUMANGAD TR.P(C) Nos.103, 169, 225 & 358 OF 2024

- : 12 :-

APPENDIX OF TR.P(C) 358/2024

PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE PETITION IN O.P NO 1406/2023 OF FAMILY COURT, ATTINGAL ANNEXURE A2 TRUE COPY OF THE PETITION IN M.C NO.292/2022 OF FAMILY COURT, NEDUMANGAD ANNEXURE A3 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 05.04.2024 IN TR.P(CRL)

ANNEXURE A4 TRUE COPY OF THE PETITION IN O.P NO 1023/2022 OF FAMILY COURT, NEDUMANGAD ANNEXURE A5 TRUE COPY OF THE PETITION IN O.P NO 1013/2022 OF FAMILY COURT, NEDUMANGAD ANNEXURE 6 TRUE COPY OF THE AADHAR CARD