Fathima Ashir vs Anas

Fathima Ashir vs ANAS

Type Court Judgment Court Kerala Decided Nov 30, 2021

~3 min read

https://sooperkanoon.com/case/1684648

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1684648
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Nov 30, 2021
Case Number: Tr.P(C)/532/2021

Parties & Advocates

Appellant / Petitioner

Fathima Ashir

Respondent

ANAS

Excerpt

.....aged 53 years, cee yem house, neerkunnam, vandanam p.o., alappuzha district-688014. by advs. jose antony k.najeeb jithin lukose respondent/petitioner: anas aged 32 years s/o.saidu kutty, anas manzil, injavila, perinad p.o., kollam district, pin code-691601. by advs. m.kiranlal r.rajesh (varkala) t.s.sarath manu ramachandran sameer m nair retnakumar k. this transfer petition (civil) having come up for admission on 30.11.2021, the court on the same day delivered the following:orderdated this the 30th day of november, 2021the spouses are at loggerheads and have resorted to legal remedies. the first petitioner/wife has filed a maintenance case before the gramanyayalaya, ambalappuzha and original petitions for return of gold ornaments and money, as well as return of car and motor bike before the family court, alappuzha. the respondent/husband has filed o.p.no.1000 of 2021 before the family court, kollam, seeking return of gold ornaments.2. the first petitioner, who is a permanent resident of vandanam in alappuzha seeks transfer of the original petition filed by the husband, from the family court, kollam to the family court, alappuzha.3. learned counsel for the petitioners submitted that transfer is necessary, to avoid divergent decisions. further, the wife being a permanent resident of alappuzha will be put to extreme inconvenience if she is forced to contest the case at kollam.4. learned counsel for the respondent raisedobjection by contending that the family court at kollam has got jurisdiction to entertain the original petition filed by the husband and the case need not be transferred to suit the convenience of parties.5. having heard the counsel on either sideand being guided by the decisions of the hon’ble supreme court in sumita singh v kumar sanjay and another [(2001) 10 scc 41], rajani kishor pardeshi v kishor babulal pardeshi [ (2005) 12 scc 237], holding that in transfer petitions arising out of matrimonial disputes, preference should be given to the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 TO TRANSFER OP 1000/2021 OF FAMILY COURT,KOLLAM TO THE FAMILY COURT, ALAPPUZHA PETITIONERS/RESPONDENTS: 1 FATHIMA ASHIR, AGED 24 YEARS, D/O.ASHIR KUNJU, CEE YEM HOUSE, NEERKUNNAM, VANDANAM P.O., ALAPPUZHA DISTRICT-688014. 2 ASHIR KUNJU, AGED 53 YEARS, CEE YEM HOUSE, NEERKUNNAM, VANDANAM P.O., ALAPPUZHA DISTRICT-688014. BY ADVS. JOSE ANTONY K.NAJEEB JITHIN LUKOSE RESPONDENT/PETITIONER: ANAS AGED 32 YEARS S/O.SAIDU KUTTY, ANAS MANZIL, INJAVILA, PERINAD P.O., KOLLAM DISTRICT, PIN CODE-691601. BY ADVS. M.KIRANLAL R.RAJESH (VARKALA) T.S.SARATH MANU RAMACHANDRAN SAMEER M NAIR RETNAKUMAR K. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 30th day of November, 2021

The spouses are at loggerheads and have resorted to legal remedies. The first petitioner/wife has filed a maintenance case before the Gramanyayalaya, Ambalappuzha and original petitions for return of gold ornaments and money, as well as return of car and motor bike before the Family Court, Alappuzha. The respondent/husband has filed O.P.No.1000 of 2021 before the Family Court, Kollam, seeking return of gold ornaments.

2. The first petitioner, who is a permanent resident of Vandanam in Alappuzha seeks transfer of the original petition filed by the husband, from the Family Court, Kollam to the Family Court, Alappuzha.

3. Learned Counsel for the petitioners submitted that transfer is necessary, to avoid divergent decisions. Further, the wife being a permanent resident of Alappuzha will be put to extreme inconvenience if she is forced to contest the case at Kollam.

4. Learned Counsel for the respondent raised

objection by contending that the Family Court at Kollam has got jurisdiction to entertain the original petition filed by the husband and the case need not be transferred to suit the convenience of parties.

5. Having heard the Counsel on either side

and being guided by the decisions of the Hon’ble Supreme Court in Sumita Singh v Kumar Sanjay and another [(2001) 10 SCC 41], Rajani Kishor Pardeshi v Kishor Babulal Pardeshi [ (2005) 12 SCC 237], holding that in transfer petitions arising out of matrimonial disputes, preference should be given to the convenience of the wife over that of the husband, I am inclined to allow the prayer for transfer. In the result, the transfer petition is allowed.

O.P.No.1000 of 2021 on the files of Family Court, Kollam shall forthwith be transferred to the Family Court, Alappuzha. Sd/- V.G.ARUN JUDGE

NB/30-11 APPENDIX OF TR.P(C) 532/2021 PETITIONERS ANNEXURE ANNEXURE A1 TRUE COPY OF THE M.C.NO.41/2019 ON THE FILE OF GRAMANYALAYA, AMBALAPUZHA DATED 23.12.2019. ANNEXURE A2 TRUE COPY OF THE PETITION IN O.P.NO.534/2020 ON THE FILE OF FAMILY COURT, ALAPPUZHA DATED 10.08.2020. ANNEXURE A3 TRUE COPY OF THE O.P.NO.705/2020 ON THE FILE OF FAMILY COURT, ALAPPUZHA DATED 06.10.2020. ANNEXURE A4 TRUE COPY OF THE O.P.NO.1000/2021 ON THE FILE OF FAMILY COURT, KOLLAM DATED 04.08.2021. RESPONDENTS ANNEXURE: NIL TRUE COPY P.A TO JUDGE

Same Court & Year Kerala · 2021 Same Parties Fathima Ashir vs ANAS Same Judge Honourable Mr.Justice V.G.Arun