Nijin Mohammed Iqbal v. Rijosh Hamsa

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 Tr.P(C).No. 450 of 2014 ----------------------------------- TO TRANSFER O.P.NO.718/2014 OF FAMILY COURT,THRISSUR TO FAMILY COURT, IRINJALAKKUDA ------------------ NAME AND ADDRESS OF THE PETITIONER(S) :

--------------------------------------------------------------------- NIJINA MOHAMMED IQBAL, AGED 25 YEARS, D/O.MOHAMMED IQBAL, KATTAKATHU KOLLIKURA HOUSE, SANTHIPURAM P.O., SREENARAYANAPURAM VILLAGE, PADAKULAM, KODUNGALLUR, THRISSUR DISTRICT.

BY ADVS.SRI.N.KRISHNA PRASAD SRI.P.G.PRAMOD NAME AND ADDRESS OF THE RESPONDENT(S) :

-------------------------------------------------------------------------- RIJOSH HAMSA, AGED 32 YEARS, S/O.HAMSAKUTTY, RESIDING AT 'SURUMI'(MUSLIM VEETTIL), KOTTAPPADI P.O., POOKODE VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT-680 505.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-06-2015, ALONG WITH Tr.P(C).No.451 OF 2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Tr.P(C).No. 450 of 2014 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1:

A TRUE COPY OF THE PETITION IN O.P.NO.684/14 PENDING BEFORE THE HON'BLE FAMILY COURT, IRINJALAKUDA. ANNEXURE A2:

A TRUE COPY OF THE M.C.NO.169/2014 PENDING BEFORE THE HON'BLE FAMILY COURT, IRINJALAKUDA.

ANNEXURE A3:

A TRUE COPY OF O.P.NO.718/14 PENDING BEFORE THE FAMILY COURT, THRISSUR.

ANNEXURE A4:

A TRUE COPY OF I.A.NO.2326/14 IN O.P.(G & W) NO.987/14 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Tr.P.(C) Nos.450 & 451 of 2014 ````````````````````````````````````````````````````````````` Dated this the 23rd day of June, 2015

O R D E R

~ ~ ~ ~ ~ ~ The wife is the petitioner and husband is the respondent. Tr.P.(C) No.450/2014 is filed seeking a transfer of O.P.No.718/2014 filed by the respondent before the Family Court, Thrissur to the Family Court, Irinjalakuda. O.P.No.684/2014 and M.C.169/2014 filed by the petitioner against the respondent are pending before the Family Court, Irinjalakuda. O.P.No.684/2014 is for the recovery of money, gold ornaments, etc. and M.C.169/2014 is one claiming maintenance. Tr.P.(C) No.451/2014 is filed by the petitioner seeking transfer of O.P.(G&W) No.987/2014 filed by the respondent before the Family Court, Thrissur to the Family Court, Irinjalakuda where the other matters are pending.

2.

O.P.No.718/2014 is filed by the respondent seeking restitution of conjugal rights. O.P.(G&W) No.987/2014 is filed by the respondent seeking the custody of the minor children. The

Tr.P.C.450&451/2014 : 2 :

children are presently residing with the petitioner within the jurisdiction of the Family Court, Irinjalakuda. 3.

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

4.

On going through the facts and circumstances of the case and on hearing either side, this Court is satisfied that it is just and convenient in the interest of justice to transfer O.P.No.718/2014 and O.P.(G&W) No.987/2014 filed by the respondent before the Family Court, Thrissur to the Family Court, Irinjalakuda.

In the result, Tr.P.(C) Nos.450/2014 and 451/2014 are allowed and O.P.No.718/2014 and O.P.(G&W) No.987/2014 filed by the respondent before the Family Court, Thrissur are ordered to be transferred to the Family Court, Irinjalakuda. Sd/- (B.KEMAL PASHA, JUDGE) aks/23/06 // True Copy // PA to Judge