Zaheer vs Shabna

Type Court Judgment Court Kerala Orders Decided Nov 03, 2022

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Citation: sooperkanoon.com/1568447
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Nov 03, 2022
Case Number: Tr.P(Crl.)/75/2022

Parties & Advocates

Appellant / Petitioner

Zaheer

Respondent

Shabna

Excerpt

.....p.s. respondents/petitioners: 1 shabna aged 40 years, w/o. zaheer, 2 zaki muhammed saheer aged 14 years, s/o. zaheer, 3 zayan muhammed saheer aged 9 years, s/o. zaheer, 4 zameel muhammed saheer aged 6 years, s/o. zaheer, nilambur ( via), malappuram district, pin - 679342 this transfer petition (criminal) having come up for admission on 03.11.2022, the court on the same day delivered the following:orderdated this the 3rd day of november, 2022 this is a petition filed under section 407 of the code of criminal procedure to transfer m.c.no. 237/2021 pending before the family court, malappuram to family court thrissur. the petitioner is the respondent/ husband in the above m.c.2. heard the learned counsel for the petitioner on admission.3. perused the copy of m.c. no. 237/2021. it isnoticed that wife and minor children aged 13 years, 8 years and 5 years are the petitioners in the m.c. and they claimed maintenance under section 125 of cr.p.c by filing petition before the family court situated within their place of residence.4. now the petitioner herein, wants to transfer the same to his own jurisdiction highlighting his convenience.5. it appears that the prayer in the petitioncannot be considered for any reason, since a maintenance claim petition which is pending within the jurisdiction of the minors cannot be transferred to a different place so as to put the minors in trouble. thus the prayer of transfer appears to be meritless. accordingly this petition found to be meritless and this petition is dismissed. sd/- a. badharudeen sk/3.11 judge appendix of tr.p(crl.) 75/2022 petitioner's annexures annexure a1 a true copy of the petition in mc no. 237 of 2021 pending before the family court, malappuram. respondents' exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944 TR.P(CRL.) NO. 75 OF 2022 TRANSFER MC 237/2021 OF FAMILY COURT, MALAPPURAM TO FAMILY COURT, THRISSUR PETITIONER/RESPONDENT: ZAHEER AGED 44 YEARS, S/O. MOHAMED ALI MUSLIAR, ADDRESS AT THEKKEKOMATH HOUSE, KALLUR (PO), CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 679562 BY ADVS. R.O.MUHAMED SHEMEEM NASEEHA BEEGUM P.S. RESPONDENTS/PETITIONERS: 1 SHABNA AGED 40 YEARS, W/O. ZAHEER, 2 ZAKI MUHAMMED SAHEER AGED 14 YEARS, S/O. ZAHEER, 3 ZAYAN MUHAMMED SAHEER AGED 9 YEARS, S/O. ZAHEER, 4 ZAMEEL MUHAMMED SAHEER AGED 6 YEARS, S/O. ZAHEER, NILAMBUR ( VIA), MALAPPURAM DISTRICT, PIN - 679342 THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 3rd day of November, 2022 This is a petition filed under Section 407 of the Code of Criminal Procedure to transfer M.C.No. 237/2021 pending before the Family Court, Malappuram to Family Court Thrissur. The petitioner is the respondent/ husband in the above M.C.

2. Heard the learned counsel for the petitioner on admission.

3. Perused the copy of M.C. No. 237/2021. It is

noticed that wife and minor children aged 13 years, 8 years and 5 years are the petitioners in the M.C. and they claimed maintenance under Section 125 of Cr.P.C by filing petition before the Family Court situated within their place of residence.

4. Now the petitioner herein, wants to transfer the same to his own jurisdiction highlighting his convenience.

5. It appears that the prayer in the petition

cannot be considered for any reason, since a maintenance claim petition which is pending within the jurisdiction of the minors cannot be transferred to a different place so as to put the minors in trouble. Thus the prayer of transfer appears to be meritless. Accordingly this petition found to be meritless and this petition is dismissed. Sd/- A. BADHARUDEEN SK/3.11 JUDGE APPENDIX OF TR.P(CRL.) 75/2022 PETITIONER'S ANNEXURES ANNEXURE A1 A TRUE COPY OF THE PETITION IN MC NO. 237 OF 2021 PENDING BEFORE THE FAMILY COURT, MALAPPURAM. RESPONDENTS' EXHIBITS: NIL

Same Court & Year Kerala Orders · 2022 Same Parties Zaheer vs Shabna Same Judge Honourable Mr. Justice a. Badharudeen