Shahana v. Binshad
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 Tr.P(C).No. 645 of 2014 () --------------------------- OP 371/2014 PENDING BEFORE THE FAMILY COURT, VADAKARA ---------------- PETITIONER/RESPONDENT:
--------------------------------------- SHAHANA, AGED 20 YEARS, D/O.U.K.ABOOBACKER, SHAHANAZ MANZIL, ESTATE MUKKU, P.O.EKALOOR, UNNIKULAM, KOZHIKODE PIN: 673 574 BY ADVS.SRI.AVM.SALAHUDIN SMT.A.D.DIVYA SMT.EMIL STANLEY RESPONDENT/PETITIONER :
--------------------------------------- BINSHAD, AGED 26 YEARS, S/O.LATE IMPICHI MOIDI, MASHIDA MANZIL, MUNDOTH P.O., KAKKACHERI, PIN: 673 620, KOZHIKODE.
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: bp
Tr.P(C).No. 645 of 2014 () APPENDIX PETITIONER'S ANNEXURES :
ANNEXURE A1:
COPY OF O.P. NO. 874/2014 ON FILE OF THE FAMILY COURT, KOZHIKODE.
ANNEXURE A2:
COPY OF M.C. NO. 253/2014 ON FILE OF THE FAMILY COURT KOZHIKODE.
ANNEXURE A3:
COPY OF THE NOTICE RECEIVED BY THE PETITIONER IN OP NO. 371/2014 ON FILE OF THE FAMILY COURT VATAKARA. RESPONDENT'S ANNEXURES :
NIL.
//TRUE COPY// P.A. TO JUDGE bp
P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 645 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January, 2015
O R D E R
This is a petition filed under Section 24 of C.P.C. seeking transfer of O.P.No. 371/2014 pending before the Family Court, Vatakara to Family Court, Kozhikode. 2.
When the marital relationship between the petitioner and the respondent got strained, both resorted to legal proceedings. The petitioner instituted O.P.No. 874/2014 before the Family Court, Kozhikode. She has also preferred M.C.No. 253/2014 before the same court for maintenance. While these proceedings are pending, it is alleged that with ulterior motive, the respondent instituted O.P.No. 371/2014 before the Family Court, Vatakara. The petitioner says that she finds it extremely difficult to go over to Vatakara on every occasion when the case was posted as she has nobody to accompany her. Further, she says that it is only proper that all the matters be disposed of by the same court in
Tr.P.(C) No. 645 of 2014 -2order to avoid conflict of decisions.
3.
Notice was served on the respondent but he has not entered appearance and no objection is seen raised. In the result, this petition is allowed and O.P.No. 371/2014 pending before the Family Court, Vatakara shall stand transferred to Family Court, Kozhikode. P.BHAVADASAN JUDGE ds