Saheer Rahiman v. Nubla

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 -------------------------- OP.NO.996/2014 OF FAMILY COURT, KOZHIKODE ----------------------- PETITIONER/RESPONDENT :

------------------------------------------- SAHEER RAHIMAN, AGED 35 YEARS S/O.ABDUL RAHIMAN, MANAMKURICHI VEETTIL PANAVALLY P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADVS.SRI.M.R.ARUNKUMAR SRI.P.SHAMMI NAVAS RESPONDENT/PETITIONER :

------------------------------------------ NUBLA, AGED 25 YEARS D/O. LATHEEF, KAATIL PARAMBATH HOUSE, P.O. PARAMBIL, CHERUVATTA, KOZHIKODE - 673 012. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

APPENDIX PETITIONERS' ANNEXURES :

ANNEXURE A1 : COPY OF THE PETITION O.P. NO.996 OF 2014 ON THE FILE OF THE FAMILY COURT, KOZHIKODE DATED 15.12.2014. ANNEXURE A2 COPY OF THE ORDER OF THIS HONOURABLE COURT IN TR.P(C) NO. 277 OF 2014 DATED 14.7.2014.

ANNEXURE A3 COPY OF THE COMMON JUDGMENT IN TR.P(C) NO. 403 OF 2014 OF THIS HONOURABLE COURT DATED 11.12.2014. ANNEXURE A4 COPY OF THE DISCHARGE CARD ALONG WITH HISTORY OF TREATMENT ISSUED BY THE MEDICAL COLLEGE HOSPITAL, KOTTAYAM DATED 14.1.2008.

ANNEXURE A5 COPY OF THE OUTPATIENT REGISTRATION CARD ISSUED BY THE GENERAL HOSPITAL, ERNAKULAM DATED 4.5.2011. ANNEXURE A6 COPY OF THE DISCHARGE SUMMARY ISSUED BY THE LOURDES HOSPITAL, ERNAKULAM DATED 18.7.2011.

ANNEXURE A7 COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE MEDICAL COLLEGE HOSPITAL, KOTTAYAM DATED 1.11.2013. ANNEXURE A8 COPY OF THE COAGULATION WORK UP REPORT ISSUED BY THE CHRISTIAN MEDICAL COLLEGE, VELLORE DATED 7.11.2013.

ANNEXURE A9 COPY OF THE CERTIFICATE ISSUED BY THE REGIONAL BLOOD TRANSFUSION CENTRE, DISTRICT HOSPITAL, ALUVA DATED 26.3.2014.

ANNEXURE A10 COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT HOSPITAL, ALUVA DATED 20.5.2014.

ANNEXURE A11 COPY OF THE TREATMENT DETAILS ISSUED BY THE DISTRICT HOSPITAL, ALUVA DATED 13.5.2014.

(Contd...)

ANNEXURE A12 COPY OF THE UTILISATION CERTIFICATE ISSUED FROM THE DISTRICT HOSPITAL, ALUVA DATED 17.6.2014.

ANNEXURE A13 COPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE DISTRICT HOSPITAL, ALUVA DATED 17.6.2014.

ANNEXURE A14 COPY OF THE UTILISATION CERTIFICATE ISSUED FROM THE DISTRICT HOSPITAL, ALUVA DATED 4.12.2014.

ANNEXURE A15 COPY OF THE OUT PATIENT RECORD ISSUED BY THE DISTRICT HOSPITAL, ALUVA DATED 4.12.2014.

ANNEXURE A16 COPY OF THE NOTICE WITH A COPY OF THE COMPLAINT FILED BY THE RESPONDENT HEREIN DATED 2.11.2013. ANNEXURE A17 COPY OF THE ORDER IN CRIMINAL M.P. NO. 5407 OF 2013 OF THE SESSIONS COURT, ALAPPUZHA DATED 22.11.2013. ANNEXURE A18 COPY OF THE COMPLAINT FILED BY THE MOTHER OF THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA AS CMP NO. 356 OF 2014. ANNEXURE A19 COPY OF THE PETITION FILED BEFORE THE FAMILY COURT, KOZHIKODE AS M.C. NO. 283 OF 2013 DATED 20.11.2013. ANNEXURE A20 COPY OF THE CMP NO. 8158 OF 2013 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE - 1, KOZHIKODE DATED 20.11.2013.

ANNEXURE A21 COPY OF THE PETITION MC NO. 213 OF 2013 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - 1, KOZHIKODE DATED 20.11.2013.

ANNEXURE A22 COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 73 OF 2014 OF POOCHACKAL POLICE STATION DATED 23.1.2014. ANNEXURE A23 COPY OF THE FIRST INFORMATION STATEMENT GIVEN BY THE RESPONDENT AGAINST THE PETITIONER AND HIS FAMILY MEMBERS DATED 1.3.2014 IN CRIME NO. 161 OF 2014 OF CHEVAYUR POLICE STATION.

(Contd...)

ANNEXURE A24 COPY OF THE FINAL REPORT IN CRIME NO. 161 OF 2014 OF CHEVAYUR POLICE STATION, KOZHIKODE DATED 4.3.2014. ANNEXURE A25 COPY OF THE PETITION OP NO. 426 OF 2014 FILED BEFORE THE FAMILY COURT, KOZHIKODE DATED 24.5.2014.

ANNEXURE A26 COPY OF THE COMMON JUDGMENT IN OP NO. 1067 OF 2008, OP NO. 10 OF 2009 AND MC NO. 416 OF 2008 OF FAMILY COURT, KOZHIKODE DATED 17.11.2009.

ANNEXURE A27 COPY OF THE COMPLAINT CMP NO. 293 OF 2014 IN MC NO. 283 OF 2013 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOZHIKODE DATED 22.7.2014.

ANNEXURE A28 COPY OF THE POSTAL RECEIPT DATED 26.11.2014.

ANNEXURE A29 COPY OF THE INTIMATION ISSUED BY THE POSTAL AUTHORITIES INTIMATING REFUSL TO RECEIVE MONEY. ANNEXURE A30 COPY OF THE PROCEEDINGS PAPER OF THE FAMILY COURT, KOZHIKODE IN MC NO. 283 OF 2013.

RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE Mn

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 28 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2015

O R D E R

This is a petition filed under Section 24 of C.P.C. seeking to have O.P.No.996/2014 pending before the Family Court, Kozhikode transferred to Family Court, Thrissur. Normally, this court would have inclined to issue notice and hear the respondent. But that is unnecessary in the case on hand for the simple reason that on earlier two occasions as per Annexures A2 and A3 orders, this Court has transferred the cases pending before the Family Court, Kozhikode to the Family Court, Thrissur. In this case also the issue is between the same person. The result is that all the matters are now pending before the Family court, Thrissur. In the result, this petition is allowed and O.P.No. 996/2014 pending before the Family Court, Kozhikode shall stand transferred to the Family Court, Thrissur. P.BHAVADASAN JUDGE ds