Kerala High Court
Shahma vs Anwar Sadath on 3 September, 2024
Tr.P.(C) No.452 of 2023 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
TR.P(C) NO. 452 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN OP NO.428 OF 2023 OF
FAMILY COURT, MUVATTUPUZHA
PETITIONER/RESPONDENT:
SHAHMA,AGED 35 YEARS
D/O MUHAMMED SALIM, UNGALUNGAL HOUSE,
THANALURAMSOMDESOM, THANALUR P.O, TIRUR TALUK,
MALAPPURAM DISTRICT., PIN - 676307
BY ADVS.
JAMSHEED HAFIZ
K.K.NESNA
T.S.SREEKUTTY
RESPONDENT/PETITIONER:
ANWAR SADATH,AGED 39 YEARS
S/O MOIDEEN ALIAS SULAIMANMOIDEEN,
NAYKAMMAVUDIYIL HOUSE, NELLIKUZHI P.O,
ELAMBRAKARAYIL, ERAMALLOORVILLAGE,
KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT.,
PIN - 686691
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.(C) No.452 of 2023 2
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VIJU ABRAHAM, J.
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Tr.P.(C) No.452 of 2023
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Dated this the 3rd day of September, 2024
ORDER
The above transfer petition is filed seeking transfer of O.P.
No.428 of 2023 on the file of the Family Court, Muvattupuzha to the
Family Court,Tirur. Petitioner is the respondent in O.P.No.428 of 2023
filed by the respondent herein seeking restitution of conjugal rights.
2. Petitioner submits that she along with the children is
permanently residing at Tirur with her parents, within the jurisdiction of the
Family Court, Tirur and she has no avocation and is depending on her
parents. The distance from her house to the Family Court, Tirur is only 7
kms., whereas Family Court, Muvattupuzha is 160 kms. away from her
place of residence and it is difficult for her to travel to Muvattupuzha to
contest the case. It is contended that there are other proceedings pending
before the Family Court, Tirur as O.P.No.402 of 2023 for past
maintenance and return of gold ornaments and money, O.P.No.403 of
2023 for dissolution of marriage and O.P.No.130 of 2023 for maintenance
to the petitioner and the children. In the abovesaid circumstances
petitioner has sought for transfer of O.P.No.428 of 2023 from the Family
Court, Muvattupuzha to the Family Court, Tirur.
Taking into consideration the fact that the petitioner along with
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her children is residing with her parents at Tirur and Family Court, Tirur is
only 7 kms. away from her residence, where as Family Court,
Muvattupuzha is almost 160 kms. away and also the fact that three other
cases between the parties are pending consideration before the Family
Court, Tirur and the settled law that the convenience of the wife is of
paramount importance while considering an application for transfer of the
case as held by the Apex Court in Sumita Singh v. Kumar Sanjay and
another, AIR 2002 SC 396, Mangla Patil Kale v. Sanjeev Kumar Kale,
(2003) 10 SCC 280, Aishwarya v. Saravana Karthik Sha, 2022 (4) KLT
OnLine 1020 (SC) and Rajani Kishor Pardeshi v. Kishor Babulal
Pardeshi, 2005 (1) KLT OnLine 1169(SC), I am of the view that the
transfer petition is liable to be allowed. According the transfer petition is
allowed transferring O.P. No.428 of 2023 on the file of the Family Court,
Muvattupuzha to the Family Court, Tirur for trial and disposal.
Transfer petition (Civil) is allowed as above.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2024:KER:66785
APPENDIX OF TR.P(C) 452/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE OP.NO. 428/2023 BEFORE
THE FAMILY COURT, MUVATUPUZHA DATED
27.04.2023
Annexure A2 TRUE COPY OF THE O.P.NO. 403/2023 BEFORE
THE FAMILY COURT, TIRUR DATED 10.04.2023
Annexure A3 TRUE COPY OF THE OP.NO. 402/2023 BEFORE
THE FAMILY COURT, TIRUR DATED 10.04.2023
Annexure A4 TRUE COPY OF THE MC.NO. 130/2023 BEFORE
THE FAMILY COURT, TIRUR DATED 10.04.2023
