Asif v. Jansa

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 Tr.P(Crl.).No. 52 of 2015 () ----------------------------- MC 552/2014 of FAMILY COURT, MALAPPURAM PETITIONER:

----------- ASIF, AGED 30 YEARS, S/O.MOHAMMED, NRI, EMPLOYED AT DUBAI UAE, "ASMAS HOUSE" FEROKE, POST/AMSOM, KARINKALLAI DESOM, KOZHIKODE, PIN-673 631.

BY ADVS.SRI.MANJERI SUNDER RAJ SRI.M.SANJEEV MARAKKATH RESPONDENTS:

------------

1. JASNA P.V., AGED 26 YEARS, D/O. ALIKOYA, KIZHAKKEDATH HOUSE, PUTHUKODE P.O., RAMANARTTUKARA VIA, KUNDOTTY TALUK, CHERUKAVU AMSOM, DESOM, MALAPPURAM DIST., PIN-673 633.

2. STATE OF KEARLA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

R1 BY SRI.U.K.DEVIDAS R2 BY PUBLIC PROSECUTOR SMT.SAREENA THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DSV/29/10/15

Tr.P(Crl.).No. 52 of 2015 () APPENDIX PETITIONER'S ANNEXURES:

ANX-1 COPY OF M.C.NO.552/2014 IN FAMILY COURT, MALAPURAM. ANX-2 COPY OF OP NO.10/2015 IN FAMILY COURT, KOZHIKODE. ANX-3 COPY OF OP NO.402/2015 IN FAMILY COURT, KOZHIKODE. ANX-4 COPY PRINTOUT FROM GOOGLE SHOWING THE ROAD ROUTE DISTANCE AND TRAVEL TIME FROM RESPONDENT'S RESIDENCE TO THE FAMILY COURTS AT MALAPPURAM AND KOZHIKODE.

RESPONDENTS' ANNEXURES:

NIL // True Copy // P.A. To Judge DSV/29/10/15

B.KEMAL PASHA, J.

==================== Tr.P.(Crl).No. 52 of 2015 ===================== Dated this the 27th day of October, 2015

O R D E R

The petitioner husband seeks for the transfer of M.C.No.552 of 2014 of the Family Court, Malappuram to the Family Court, Kozhikode. Two other proceedings between the parties are pending before the Family Court, Kozhikode as O.P.No.10 of 2015 and O.P.No.402 of 2015.

2. According to the petitioner, the distance from the residence of the 1st respondent wife to the Family Court, Kozhikode is roughly around 17 kms; whereas the distance to the Family Court, Malappuram is roughly around 37 kms.

3. Earlier, the 1st respondent herein, had attempted to get the proceedings pending before the Family Court, Kozhikode transferred to the Family Court, Malappuram. On noting down the fact that it was just and convenient to have the cases at the Family Court, Kozhikode, she had

Tr.P.(Crl).No. 52 of 2015 chosen to withdraw from the said transfer petition. It seems that it is just and convenient in the interest of justice to have M.C.No.552 of 2014 of the Family Court, Malappuram transferred to the Family Court, Kozhikode.

In the result, this Transfer Petition (Criminal) is allowed and M.C.No.552 of 2014 of the Family Court, Malappuram is transferred to the Family Court, Kozhikode.

Sd/- B.KEMAL PASHA JUDGE DSV/27/10/15 // True Copy // P.A. To Judge