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High Court of KeralaTr.P(C)/59/2015allowed

Shameela Nuzrath v. Ali Kadavandi

2015-05-26Honourable Mr. Justice B.Kemal Pasha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 Tr.P(C).No. 59 of 2015 () -------------------------- FOR TRANSFER OF OP 504/2014 of FAMILY COURT, MALAPPURAM TO THE FAMILY COURT, KALPETTA PETITIONER/RESPONDENT:

---------------------- SHAMEELA NUZRATH, AGED 31 YEARS, D/O.KOYA MASTER, MANAKKODAN HOUSE, MEPPADY.P.O., NEAR G H S MEPPADY, WAYANAD-673 577. [MEPPADI POLICE STATION] BY ADV. SMT.TESSY JOSE RESPONDENT/PETITIONER:

---------------------- ALI KADAVANDI, AGED 34 YEARS, S/O.KUNJIMUHAMMADAJI, KADAVANDI HOUSE, THALAKKAPPU, CHAPPANANGADI.P.O., PONMALA VILLAGE, THIRUR THALUK, PIN-676 503. [KOTTAKKAL POLICE STATION] R1 BY ADV. SRI.P.K.MUHAMMED JAMEEL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Tr.P(C).No. 59 of 2015 () APPENDIX PETITIONER'S ANNEXURES :

A1 COPY OF THE SUMMONS DATED 22.12.2014 ISSUED TO THE PETITIONER BY THE FAMILY COURT, MALAPPURAM.

A2 COPY OF O.P.NO.504/2014 DATED 2.9.2014 FILED BEFORE THE FAMILY COURT, MALAPPURAM BY THE RESPONDENT.

RESPONDENT'S ANNEXURES :

NIL // True Copy // P.A. To Judge DSV/28/5/15

B.KEMAL PASHA, J.

==================== Tr.P.(C). No.59 of 2015 ===================== Dated this the 26th day of May, 2015

O R D E R

Petitioner is the respondent in O.P.No.504 of 2014 pending before the Family Court, Malappuram, filed for restitution of conjugal rights.

2. The petitioner herein is residing at Kalpetta within the jurisdiction of the Family Court, Kalpetta. She has preferred a petition seeking divorce before the Family Court, Kalpetta as O.P.No.14 of 2015.

3. According to the petitioner, she has undergone a major surgery and she is not in a position to travel all the way from Kalpetta to Malappuram for attending the case against her.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

5. On hearing both sides, I am satisfied that this is fit case wherein O.P.No.504 of 2014 pending before the Family

Tr.P.(C).No.59 of 2015 -: 2 :- Court, Malappuram can be ordered to be transferred to the Family Court, Kalpetta.

In the result, this Transfer Petition (Civil) is allowed and O.P.No.504 of 2014 pending before the Family Court, Malappuram is transferred to the Family Court, Kalpetta. B.KEMAL PASHA JUDGE DSV/26/5/15

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