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High Court of KeralaTr.P(C)/132/2015allowed

Shaheera v. Baiju Wahab

2015-07-06Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 193 Tr.P(C).No. 132 of 2015 () --------------------------- (TO WITHDRAW AND TRANSFER OP.NO. 208/2014 OF FAMILY COURT, KOLLAM TO THE FAMILY COURT, ERNAKULAM) ----------- PETITIONER:

----------------------- SHAHEERA,D/O.ABOOBACKER,AGED 30 YEARS, RESIDING AT MEPPARATH HOUSE, PALLURUTHY, KOCHI-682 006.

BY ADVS.SRI.T.MADHU SRI.P.S.VIJU RESPONDENT:

---------------------- BAIJU WAHAB,S/O.ABDUL WAHAB, AGED 37 YEARS, RESIDING AT ERATH KIZHAKKATHIL, CHAKIRIKADA, THANGAL NAGAR, PATTANI, IRAVIPURAM, KOLLAM DISTRICT-691 011.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

TPC.NO.132/2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX A1 COPY OF THE PETITION IN O.P. NO.208/2014 ON THE FILES OF THE HON'BLE FAMILY COURT, KOLLAM RESPONDENT'S ANNEXURES:

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

B. KEMAL PASHA, J.

................................................................ Tr.P.(C) No.132 of 2015 ............................................................... Dated this the 6th day of July, 2015

O R D E R

Petitioner is seeking the transfer of OP 208/2014 pending before the Family Court, Kollam to the Family Court, Ernakulam. It seems that after pronouncing the so called Thalaque, the respondent, who is the petitioner in the OP, wants to get a declaration that the present petitioner herein is not his wife. The petitioner herein is residing within the jurisdiction of the Family Court, Ernakulam. 2.

Even though notice has been served on the respondent, there is no representation. Heard learned counsel for the petitioner.

3.

On hearing the learned counsel for the petitioner

Tr.P.(C) 132 of 2015 -: 2 :- and on considering the facts and circumstances of the case, this Court is satisfied that it is just and convenient in the interest of justice to transfer O.P.No.208 of 2014 of the Family Court, Kollam to the Family Court, Ernakulam. In the result, this Transfer Petition is allowed and O.P.No.208 of 2014 of the Family Court, Kollam is transferred to the Family Court, Ernakulam.

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