Kerala High Court
Roshan Salim vs Faizal Sherif on 26 July, 2016
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 26TH DAY OF JULY 2016/4TH SRAVANA, 1938
Tr.P(C).No. 682 of 2015
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OP 1076/2015 of FAMILY COURT, ATTINGAL
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PETITIONER(S):
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ROSHAN SALIM,
AGED 24 YEARS, D/O.ABDUL SALIM, VALIYATH HOUSE,
KANNANKARA BHAGAM, VADAKKUMTHALA VILLAGE, PANMANA,
KARUNAGAPALLY THALUK, KOLLAM.
BY ADV. SRI.AJAYA KUMAR. G
RESPONDENT(S):
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FAIZAL SHERIF
AGED 33 YEARS, S/O.MUHAMMED SERIFF,
LEENA BUNGALOW, CHERUKUNNAM CHERI, SIVAGIRI,
VARKALA P.O, THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER AJI ABDULKALAM,
S/O.ABDUL KALAM, AGED 34 YEARS,
RESIDING AT LEENA MANZIL, KIRALIYIIL, CHILAKOOR,
VARKALA P.O., THIRUVANANTHAPURAM DISTRICT, PIN:695 141.
BY ADV. SRI.R.V.SREEJITH
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
Tr.P(C).No. 682 of 2015
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APPENDIX
PETITIONER(S)' ANNEXURES
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ANNEXURE-A1: TRUE COPY OF THE ORIGINAL PETITION IN OP.438/15
PENDING BEFORE THE FAMILY COURT, CHAVARA.
ANNEXURE-A2: TRUE COPY OF THE ORIGINAL PETITION IN OP.1076/15
PENDING BEFORE THE FAMILY COURT, ATTINGAL.
RESPONDENT(S)' ANNEXURE
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K. RAMAKRISHNAN, J.
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Tr.P.C.No.682 of 2015
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Dated this the 26th day of July, 2016.
O R D E R
This petition is filed by the petitioner/wife to transfer OP.No.1076/2015 pending before the Family Court, Attingal to Family Court, Chavara under section 24 of the Code of Civil Procedure.
2. It is alleged in the petition that the petitioner and the respondent are wife and husband and a male child was born to them in that wedlock. The petitioner filed OP.No.438/2015 before the Family Court, Chavara against the respondent and his mother for recovery of money and gold ornaments. She also filed MC.No.103/2015 before the Family Court, Chavara under section 125 of the Code of Civil Procedure for maintenance for herself and the child. In both the cases the respondent entered appearance and contesting the case. In the meantime, he filed OP.No.1076/15 before the Family Court, Attingal for recovery of money on certain allegations. She was directed to appear before that court on 17.12.2015 and she had no income to maintain herself. She will have to travel 40 Kms to reach Attingal and she is finding it difficult to go to Attingal and conduct the case. If that case is transferred to Family Court, Chavara, no prejudice will be caused to the respondent as there are two other cases pending before that court. So she filed this petition for transfer OP.No.1076/15 before the Tr.P.C.No.682 of 2015 2 Family court, Attingal to Family Court, Chavara.
3. Heard Sri. Ajayakuamr G, learned counsel appearing for the petitioner and Sri.R.V.Sreejith, learned counsel appearing for the respondent.
4. Learned counsel for the petitioner submitted that she being a lady with a small child, finding it difficult to go to Attingal to conduct the case.
5. The application was opposed by the counsel for the respondent on the ground that there is no much distance between Attingal and Chavara and she can very well come and conduct the case.
6. It is an admitted fact that the petitioner and respondent are wife and husband and their relationship strained and a child was also born to them during the time at which they were living happily. After their relationship strained, the petitioner is residing separately at Chavara in her parental house with the child. She filed OP.No.438/2015 before the Family Court, Chavara for return of gold ornaments and money against the respondent and his mother and also filed MC.No.103/2015 for maintenance for herself and the child against the respondent therein and both these cases are pending before the Family Court, Chavara. During the pendency of these petitions, the respondent filed O.P.No.1076/15 before the Family Court, Attingal for return of certain amount said to be due from the petitioner. Considering the fact that she is a lady Tr.P.C.No.682 of 2015 3 with child, asking her to go to Attingal to conduct the case will cause hardship to her. Since there are two cases filed by her pending before the Family Court, Chavara which is being defended by the respondent, no hardship will be caused to him if the case filed by him namely OP.No.1076/15 before the Family Court, Attingal is also withdrawn and transfered to the Family Court, Chavara to be tried along with other cases pending before that court. So this court feels that it is necessary in the interest of justice to transfer OP.No.1076/2015 pending before the Family Court, Attingal to the Family Court, Chavara.
So the petition is allowed and OP.No.1076/2015 pending before the Family Court, Attingal is withdrawn and transferred the Family Court, Chavara to be heard along with the cases pending before that court. The Family Court, Attingal is directed to transmit the records in OP.No.1076/2015 pending before that court to the Family Court, Chavara immediately. On getting the records, the Family Court, Chavara is directed to expedite the disposal of all the three cases after completing the procedural formalities of counselling and mediation at the earliest.
Registry is directed to communicate a copy of this order to t both the courts immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge