Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 AGAINST THE ORDER/JUDGMENT IN OP NO.785 OF 2020 OF FAMILY COURT, NEDUMANGAD PETITIONER: SANOOJA AGED 47 YEARS D/O ABDUL KAREEM ,SHAILA MANZIL. KAMBIKKAM, KADINAMKULAM P.O., THIRUVANANTHAPURAM, PIN - 695303 BY ADVS. CHRISTINE MATHEW RAPHAEL THEKKAN AJAY JUEL KURIAKOSE ABESH ALOSIOUS ABIN VARKEY KODIYATTU NIHAL MOHAMMED S. GLADWIN K.A. RESPONDENT: HUSSAIN AGED 50 YEARS S/O HAJEE MEERA SAHIB SHAILA MANZIL, KAMBIKKAM, KADINAMKULAM P.O., THIRUVANANTHAPURAM, PIN - 695303 BY ADV Latheesh Sebastian THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
(Dated this the 1st day of April, 2025) The petitioner herein filed O.P.No.785 of 2020 on the files of Family Court, Nedumangad, for return of gold and money.
2. The marriage between the petitioner and the
respondent was solemnised on 12.07.1998 and they were residing in the matrimonial home of the respondent. Petitioner and the respondent profess Muslim religion. Two children were born out of wedlock.
3. The petitioner was residing within the jurisdiction of
Family Court, Nedumangadu in Thiruvananthapuram District. But now, the petitioner is residing in Kadinamkulam, within the jurisdiction of the Family Court, Attingal. The petitioner has also filed O.P.269 of 2022 before the Family Court, Nedumangadu for cancellation of settlement deed No.1877 of 2000 of Nedumangad Sub Registrar Office. The respondent is also the resident of Kadinamkulam. Hence, for the sake of convenience of parties as well as for the joint trial of all the pending OP’s, this transfer is sought for from the Family Court, Nedumangad to the Family Court, Attingal.
4. On receipt of the notice, the learned counsel entered appearance for the respondent.
5. The learned counsel for the respondent submits that the respondent has objection in transferring the case that is filed by the petitioner.
6. The Apex Court in Sumitha Singh v. Kumar
Sanjay and another [(2001)10 SCC 41], Mona Aresh Goel V.Aresh Satya Goel[(2000) 9 SCC 255], Vaishali Shridhar Jagtap V.Sridahar Vishwanath Jagtap[AIR 2016 SC 3584] and Santhini V.Vijaya Venkatesh [2017 (4) KLT 415(SC)] has held that, in matrimonial disputes, the prior consideration is to the convenience of the wife and in such cases the transfer has been effected. Therefore, considering the convenience of both the parties, taking note of the above decisions and also to avoid multiplicity of proceedings, I am inclined to allow this transfer.
7. In the result, the Transfer Petition is allowed. O.P No.
785 of 2020 pending before the Family Court, Nedumangadu, is withdrawn and transferred to the Family Court, Attingal. The Family Court, Nedumangadu, shall immediately transfer the records to the Family Court, Attingal. On receipt of the records, the Family Court Attingal shall dispose of the case in accordance with law. The parties are directed to appear before Family Court, Attingal on 03.05.2025
The Tr.P( C) is allowed as above. Sd/- BASANT BALAJI JUDGE saap APPENDIX OF TR.P(C) 80/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF O.P. 785 OF 2020 ON THE FILES OF FAMILY COURT, NEDUMANGAD DATED 24.09.2020. Annexure A2 TRUE COPY OF OP. NO 1604 OF 2020 ON THE FILES OF FAMILY COURT, ATTINGAL DATED 16.12.2020. //True copy//PA to Judge