Kerala High Court
Sherin Jahangir vs Raneesh Abdul Salam on 1 September, 2021
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
TR.P(C) NO. 173 OF 2019
TO TRANSFER OP 1772/2018 FROM FAMILY COURT, ATTINGAL, TO THE
FAMILY COURT, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS:
1 RANEESH ABDUL SALAM
AGED 33 YEARS
S/O. ABDUL SALAM, SALAMATH, TC.11/1915(1),
CHARACHIRA (NETAJI BOSS ROAD), KOWDIAR P.O,
THIRUVANANTHAPURAM
2 ABDUL SALAM
AGED 71 YEARS
F/O. RANEESH, SALAMATH, TC.11/1915(1),
CHARACHIRA (NETAJI BOSS ROAD), KOWDIAR P.O,
THIRUVANANTHAPURAM
3 RANSY SAMEER
AGED 35 YEARS
W/O. SAMEER, SALAMATH, TC.11/1915(1),
CHARACHIRA (NETAJI BOSS ROAD), KOWDIAR P.O,
THIRUVANANTHAPURAM
4 RAZIYA
AGED 68 YEARS
W/O.ABDUL SALAM, SALAMATH, TC.11/1915(1),
CHARACHIRA (NETAJI BOSS ROAD), KOWDIAR P.O,
THIRUVANANTHAPURAM
BY ADVS.
T.H.ABDUL AZEEZ
J.HARIKRISHNA
RESPONDENT/PETITIONER:
SHERIN JAHANGEER
AGED 28 YEARS
W/O. RANEESH ABDUL SALAM, SHALIMAR VILLA,
KULAMUTTAM P.O, MANAMPOOR VILLAGE, VARKALA TALUK,
THIRUVANANTHAPURAM - 695 144
TR.P(C) NO. 173 OF 2019 &
TR.P(C) NO. 541 OF 2020
2
BY ADV SRI.SHAJIN S.HAMEED
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.09.2021 ALONG WITH TR.P(C) NO.541 OF 2020 , THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NO. 173 OF 2019 &
TR.P(C) NO. 541 OF 2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
TR.P(C) NO. 541 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPGW 1128/2016 OF FAMILY
COURT,TRIVANDRUM, THIRUVANANTHAPURAM
PETITIONER/RESPONDENT:
SHERIN JAHANGIR
AGED 30 YEARS
D/O.JAHANGIR, SHALIMAR VILLA, KULAMUTTOM P.O.,
MANAMPOOR VILLAGE, VARKALA,
THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER
(FATHER), JAHANGIR, AGED 55, S/O.ABDUL SALAM,
SHALIMAR VILLA, KULAMUTTOM P.O., MANAMPOOR VILLAGE,
VARKALA, THIRUVANANTHAPURAM DISTRICT.
BY ADV C.S.SUMESH
RESPONDENT/1ST PETITIONER:
RANEESH ABDUL SALAM
AGED 33 YEARS
S/O.ABDUL SALAM, SALAMATH, T.C.11/1915(1),
CHARACHIRA, (NETHAJI BOSE ROAD), KOWDIAR P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 003.
BY ADVS.
SRI.K.P.MAJEED
SRI.T.H.ABDUL AZEEZ
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.09.2021 ALONG WITH TR.P(C) NO.173 OF 2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TR.P(C) NO. 173 OF 2019 &
TR.P(C) NO. 541 OF 2020
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ORDER
[TR.P(C) NO. 173 OF 2019 & TR.P(C) NO. 541 OF 2020] Tr.P.(C) No.541 of 2020 is filed by the wife seeking transfer of O.P.(G&W) No.1128 of 2016 filed by the husband before the Family Court, Thiruvananthapuram to the Family Court, Attingal. The original petition under the Guardian and Wards Act was filed seeking custody of the minor child born in the wedlock. Admittedly, the wife and child are abroad and their permanent residence falls within jurisdiction of the Family Court, Attingal. Tr.P.(C) No.173 of 2019 is filed by the husband along with his parents and sister, seeking transfer of Original Petition No.1772 of 2018 filed by the wife before the Family Court, Attingal, seeking return of gold ornaments and money, to the Family Court, Thiruvananthapuram.
2. Learned counsel for the wife submitted that the permanent residence of the wife being at Attingal and the minor child being with the wife, the jurisdictional court is the Family Court, Attingal. Learned counsel for the respondent contended that the wife is being represented through her Power of Attorney holder and the wife being abroad the prayer for transfer is without TR.P(C) NO. 173 OF 2019 & TR.P(C) NO. 541 OF 2020 5 substance. It is further contended that the parents of the husband are aged and will be put to extreme hardship if compelled to appear before the Family Court, Attingal.
3. Having heard the learned counsel on either side and having considered the relative convenience, particularly that of the minor child, I deem it appropriate to allow Tr.P.(C) No.541 of 2020. The grievance of the husband can also be redressed by ensuring that his aged parents are not compelled to appear in person on every posting date.
In the result, Tr.P.(C) No.541of 2020 is allowed and Tr.P.(C) No.173 of 2019 is dismissed. O.P.(G&W) No.1128 of 2016 on the file of the Family Court, Thiruvananthapuram shall forthwith be transferred to the Family Court at Attingal. The Family Court, Attingal shall not insist on personal presence of the respondents in O.P.No.1772 of 2018, unless absolutely necessary.
The Transfer Petitions are disposed of accordingly.
Sd/-
V.G.ARUN JUDGE scs TR.P(C) NO. 173 OF 2019 & TR.P(C) NO. 541 OF 2020 6 APPENDIX OF TR.P(C) 173/2019 PETITIONER ANNEXURE ANNEXURE I TRUE COPY OF THE O.[(G&W) NO. 1128 OF 2016 FILED BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM ANNEXURE II TRUE COPY OF THE O.P. NO.1772 OF 2018 FILED BEFORE THE FAMILY COURT, ATTINGAL ANNEXURE III TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DISTRICT, MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM ANNEXURE IV TRUE COPY OF THE CERTIFICATE OF DISABILITY ISSUED NU THE GENERAL HOSPITAL, THIRUVANANTHAPURAM ISSUED TO THE 4TH PETITIONER TR.P(C) NO. 173 OF 2019 & TR.P(C) NO. 541 OF 2020 7 APPENDIX OF TR.P(C) 541/2020 PETITIONER ANNEXURE ANNEXURE I PHOTOCOPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN FAVOUR OF HER FATHER.
ANNEXURE II PHOTOCOPY OF THE ORIGINAL PETITION IN OP(G & W) NO.1128/2016 OF THE FAMILY COURT, THIRUVANANTHAPURAM.
ANNEXURE III PHOTOCOPY OF IA NO.658/2019 IN OP (G & W) NO.1128/2016 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.
ANNEXURE IV PHOTOCOPY OF THE JUDGMENT DATED 09.07.2019 IN OP(FC) NO.284/2019 OF THIS HONOURABLE COURT.
ANNEXURE V PHOTOCOPY OF THE ORIGINAL PETITION IO NO.1772/2018 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ATTINGAL. RESPONDENT ANNEXURE ANNEXURE R1(a) COPY OF THE CASE STATUS OBTAINED THROUGH E-COURTS IN CC NO.1233/2018 WHICH IS PENDING BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT, VARKALA