Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE28H DAY OF JANUARY20148TH MAGHA, 1935 Tr.P(C).No. 560 of 2013 () --------------------------- AGAINST OP1232013 of FAMILY COURT, TIRUR PETITIONER(S)/RESPONDENTS: ----------------- 1. FATHIMA, AGED62YEARS W/O.MOIDU MOULAVI, ANTHOORI HOUSE, KADAVANAD AMSOM PUTHU PONNANI DESOM, PONNANI SOUTH P.O. MALAPPURAM DISTRICT - 678 011 2. MOIDU MOULAVI, AGED69YEARS S/O.MOHAMMEDUNNI MUSALIYAR, ANTHOORI HOUSE KADAVANAD AMSOM, PUTHU PONNANI DESOM PONNANI SOUTH P.O., MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S)/PETITIONERS: ------------------ 1. AAYISHABI.M., AGED22YEARS D/O.HAMZA HAJI, MUNDAKKATTU HOUSE, KOTT ILLATHAPPADAM, TIRUR P.O., MALAPPURAM DISTRICT PIN-676101.
2. M.M.MOHAMMED SOMYOON, AGED32YEARS S/O.MOIDU MOULAVI, ANTHOORI HOUSE, KADAVANAD AMSOM PUTHU PONNANI DESOM, PONNANI SOUTH P.O. MALAPPURAM DISTRICT-676101. R. BY ADV. SRI.K.M.SATHYANATHA MENON THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2801-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN TR.P(C) NO.560/2013 ANNEXURE1TRUE COPY OF O.P.NO.563/2011 ON THE FILE OF THE FAMILY COURT, MALAPPURAM DATED66.2011. ANNEXURE2TRUE COPY OF THE COUNTER FILED BY THE PETITIONERS IN O.P.NO.563/2011 DATED129.2012 ANNEXURE3TRUE COPY OF THE COMPLAINT FILED BEFORE THE PONNANI POLICE DATED211.2012 ANNEXURE4TRUE COPY OF THE COMPLAINT FILED BEFORE THE PONNANI POLICE DATED257.2013. //TRUE COPY// P.S. TO JUDGE. V.CHITAMBARESH, J.
--------------------- Tr.P (C) No.560 of 2013 --------------------- Dated this the 28th day of January, 2014 ORDER
The wife has filed O.P.No.123/2013 on the file of the Family Court, Tirur against her husband and in- laws for return of gold ornaments and money. The husband is working abroad and is represented in the proceedings by his father as a power of attorney holder. The petitioners herein are the parents of the husband and seek transfer of O.P.No.123/2013 from the Family Court, Tirur. They seek transfer either to Ponnani Camp of the Family Court or to the Chavakkad Camp of the Family Court.
2. Annexure 4 complaint is relied on to contend that the petitioners apprehend physical man handling by the first respondent (wife) and her men. The wife stoutly opposes the transfer and maintains that she or her people have no intention to cause bodily harm to the petitioners. It has not been shown that any crime has been registered in any police station pursuant to Annexure 4 complaint allegedly filed by the petitioners.
2. It transpires that the couple has a child Tr.P.(C) No.560 of 2013 2 aged 4 years who is presently residing with the first respondent. It will be a virtual impossibility for the wife to travel all the way from Tirur to Ponnani or Chavakkad for the conduct of the case. This is particularly so since the child born in the wed lock is aged only 4 years. The husband on the other hand is abroad and his power of attorney holder can as well defend O.P.No.123/2013 on the file of the Family Court, Tirur.
3. The prayer for transfer sought by the petitioners is hereby declined. It is however made clear that the petitioners can alert the Family Court, Tirur if and when any threat is posed by the first respondent and her men. The Family Court is free to grant police protection to the parties dependent on the necessity of the situation. The Transfer Petition is dismissed subject to the above clarification. Sd/- V.CHITAMBARESH, Judge. nj.