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High Court of KeralaRP/666/2015allowed

Hamsa M.A. v. Shyni @ Sabeena

2015-08-12Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 RP.No. 666 of 2015 () ----------------------------------- AGAINST THE ORDER IN Tr.P(C).NO. 58/2015 DATED 01-07-2015) -------------- REVIEW PETITIONER(S)/PETITIONERS:

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1. HAMSA M.A., AGED 46 YEARS, S/O.ALIKUTTY, OTTAKANDATHIL HOUSE, VELOOR KARA, KOTTAYAM TALUK.

2. SHEKKUMMA @ MANGA, AGED 71 YEARS, W/O.ALIKUTTY, OTTAKANDATHIL HOUSE, VELOOR KARA, KOTTAYAM TALUK.

3. ABDUL GAFOOR, AGED 52 YEARS, S/O.ALIKUTTY, OTTAKANDATHIL HOUSE, VELOOR KARA, KOTTAYAM TALUK.

4. RASHEED, AGED 48 YEARS,S/O.ALIKUTTY, OTTAKANDATHIL HOUSE, VELOOR KARA, KOTTAYAM TALUK.

BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT/RESPONDENT:

---------------------------------------------- SHYNI @ SABEENA,AGED 32 YEARS, RESIDING AT OTTAKKANDATHIL HOUSE, VELOOR KARA AND VILLAGE, KOTTAYAM TALUK, PIN- 686 501 BY SRI.T.MADHU THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 12-08-2015,ALONG WITH TR.P.(CRL).NO.22 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

R.P.NO.666/2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX 1 COPY OF THE O.P.NO.399/2014 FILED BEFORE THE FAMILY COURT, MAVELIKARA.

ANNEX II COPY OF THE CERTIFICATE DATED 18/2/2015 ISSUED BY THE SECRETARY, MASJIDUR-RAHMAN MADRASSA.

ANNEX III COPY OF THE CERTIFICATE DATED 18/2/2015 ISSUED BY THE HEADMASTER, GOVT. L.P.S., VELOOR ANNEX IV COPY OF THE RATION CARD OF THE RESPONDENT RESPONDENT'S ANNEXURES:

NIL /TRUE COPY/ P.S.TO JUDGE sts

B. KEMAL PASHA, J.

................................................................ Review Petition No. 666 of 2015 in Tr.P.(C) No. 58 of 2015 And Tr.P.(Crl) No. 22 of 2015 ............................................................... Dated this the 12th day of August, 2015 C O M M O N O R D E R Vide common order dated 01.07.2015 this Court had dismissed Tr.P.(C) 58/2015 and Tr.P.(Crl) 22 of 2015. Tr.P.(C) 58/2014 was filed for the transfer of OP 399/2014 from the Family Court, Mavelikkara to the Family Court, Kottayam at Ettumanoor.

2.

Through Tr.P.(Crl) 22 of 2015 the petitioners have sought for the transfer of M.C.No.50 of 2014 pending before the Judicial First Class Magistrate-II, Haripad to any other court at Kottayam.

3. Both the aforesaid Tr.P.(C)s were considered along

R.P. 666/15 & Tr.P.(Crl)22/15 -: 2 :- with Tr.P.(C) No.177 of 2015.

Now, it has been shown that the first respondent is residing within the jurisdiction of the Family Court, Kottayam at Ettumanoor. It has been further shown that her youngest child is attending a school, which is also within the jurisdiction of the Family Court, Kottayam at Ettumanoor.

In the result, the R.P. and the Tr.P.(Crl) are allowed. The common order passed in Tr.P.(C) No.58/2015 and Tr.P.(Crl) 22/2015 are reviewed and recalled and the said Transfer Petitions stand allowed. O.P. 399/14 of the Family Court, Mavelikkara is transferred to the Family Court, Kottayam at Ettumanoor. Similarly, M.C.No.50 of 2014 pending before the Judicial First Class Magistrate's Court-II, Haripad is transferred to any of the Judicial First Class Magistrate's Court at Kottayam.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge