Thasni E. v. Abdul Rasheed

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 Tr.P(C).No. 249 of 2015 () --------------------------- (TO TRANSFER OP.NO. 421/2015 OF FAMILY COURT,KOZHIKODE TO FAMILY COURT, ERNAKULAM) ----------- PETITIONERS/RESPONDENTS:

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1. THASNI.E., AGED 37 YEARS,W/O.ABDUL RASHEED, MANDANIYIL HOUSE, KALLIKKUDAM P.O., FEROKE, KOZHIKODE, NOW RESIDING AT KOZHISHERI PARAMBIL VEEDE, EDAYAPURAM ROAD, ASHOKA PURAM P.O., ALUVA EAST VILLAGE, ERNAKULAM DISTRICT-683 101

2. NABEESA,AGED 51 YEARS, W/O. ABOOBAKKER, ELAYEDATH HOUSE (MADANIYIL), KALLIKKIDAM P.O, FEROKE, KOZHIKODE DISTRICT, PIN -673 631 BY ADVS.SRI.M.B.SANDEEP SMT.R.PRIYA SRI.V.VISAL AJAYAN SRI.B.SURJITH SRI.ABHILASH JOSE SRI.M.A.AHAMMAD SAHEER SMT.R.ANJANA RESPONDENT/PETITIONER:

-------------------------------------------- ABDUL RASHEED, AGED 43 YEARS, S/O. SEYTHALI KUTTY, KOZHISHERI PARAMBIL VEEDE, EDAYAPURAM ROAD, ASHOKA PURAM P.O, ALUVA EAST VILLAGE, ERNAKULAM DISTRICT-683 101 BY SRI.S.SREEKUMAR,SENIOR ADVOCATE ADVS. SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.M.A.MOHAMMED SIRAJ THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Tr.P(C).No. 249 of 2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX A1 COPY OF THE O.P.NO.561/2015, PENDING ON THE FILES OF FAMILY COURT, ERNAKULAM.

ANNEX A2 COPY OF THE ORDER DATED 24/03/2015 IN I.A.NO.1201/2015 IN O.P.NO.561/2015 PENDING ON THE FILES OF FAMILY COURT, ERNAKULAM.

ANNEX A3 COPY OF THE O.P.NO.421/2015 PENDING ON THE FILES OF FAMILY COURT, KOZHIKODE ANNEX A4 COPY OF THE SHOW CAUSE NOTICE IN I.A.NO.592/2015 IN O.P.NO.421/2015 PENDING ON THE FILES OF FAMILY COURT, KOZHIKODE RESPONDENT'S ANNEXURES:

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

B. KEMAL PASHA, J.

................................................................ Tr.P.(C) No. 249 of 2015 ............................................................... Dated this the 20th day of July, 2015

O R D E R

Petitioners are seeking the transfer of OP 421/2015 pending before the Family Court, Kozhikode to the Family Court, Ernakulam. According to the first petitioner, she is residing at Ernakulam.

2.

Heard learned counsel for the petitioners and the learned counsel for the respondent.

3.

According to the learned counsel for the respondent, the petitioners are, in fact, residing at Kozhikode. At the same time, the respondent is not standing in the way of transferring the matter to the Family Court, Ernakulam, as he is also residing at Ernakulam.

Tr.P.(C) 249 of 2015 -: 2 :- 4.

On considering the facts and circumstances and on hearing the learned counsel for the parties, this Court is satisfied that it is just and convenient in the interest of justice to transfer OP 421/2015 of the Family Court, Kozhikode to the Family Court, Ernakulam.

In the result, this Transfer Petition is allowed and OP 421/2015 of the Family Court, Kozhikode is transferred to the Family Court, Ernakulam.

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