Shabna.S.S vs Shamseer Khan on 24 May, 2019

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Kerala High Court

Shabna.S.S vs Shamseer Khan on 24 May, 2019

Bench: Sunil Thomas

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SUNIL THOMAS

      FRIDAY, THE 24TH DAY OF MAY 2019 / 3RD JYAISHTA, 1941

                     Tr.P(C).No. 120 of 2019

    AGAINST THE ORDER/JUDGMENT IN OP 835/2018 of FAMILY COURT,
                            NEDUMANGAD



PETITIONER/RESPONDENT:


             SHABNA.S.S
             AGED 24 YEARS
             W/O.SHAMSEER KHAN,
             SAMBRA MANZIL,
             POTHENCODE.P.O.,
             ANDOORKONAM VILLAGE,
             THIRUVANANTHAPURAM.

             BY ADV. SRI.SHAJIN S.HAMEED




RESPONDENT/PETITIONER:

             SHAMSEER KHAN,
             AGED 28 YEARS
             S/O.ABDUL SATHAR,
             RAJAB, MASJID LANE,
             AZHICODU, CHEKKAKONAM.P.O.,
             ARUVIKKARA, NEDUMANGAD,
             THIRUVANANTHAPURAM, PIN CODE-695564.



THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
24.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Tr.P(C).120/19
                                        2




                                     ORDER

Petitioner herein, who is the respondent in O.P.No.835 of 2018 pending before the Family Court, Nedumangad seeks transfer of the case to Family Court, Attingal.

2. According to the petitioner herein, she is staying at Andoorkonam Village in Trivandrum and she has already initiated O.P.No.663 of 2018 and M.C.No.125 of 2018, both of which are pending before the Family Court, Attingal. Hence, she seeks transfer of the present case to Family Court, Attingal for disposal of all the cases by the same Court.

3. Though notice was served on the respondent, he has not chosen to appear and to contest the proceedings.

4. It seems that, two other matters are pending before the Family Court Attingal. Both parties are staying at Trivandum and hence, transfer of the present proceeding pending before the Nedumangad Court to Family Court at Attingal will not case any substantial inconvenience to the respondent also. Hence, I am inclined to allow the transfer petition as follows:

(i) O.P.No.835 of 2018 now pending before the Family Court, Nedumangad will stand transferred to Family Court, Attingal.

Tr.P(C).120/19 3

(ii) Family Court, Nedumangad will transmit the entire files to Family Court, Attingal.

(iii) Both sides shall appear before the Family Court, Attingal on 05.07.2019 without any further order. If the respondent remains absent there, court below shall issue notice to the respondent.

Sd/-


                                                     SUNIL THOMAS

Sbna                                                    JUDGE
 Tr.P(C).120/19
                               4




                           APPENDIX


PETITIONER'S/S EXHIBITS:

ANNEXURE -I          PHOTOCOPY OF THE PETITION FOR RESTITUTION

OF CONJUGAL RIGHTS OP.NO.835/2018 BEFORE THE FAMILY COURT, NEDUMANGAD.

ANNEXURE II PHOTOCOPY OF THE PETITION FOR RETURN OF GOLD ORNAMENTS AND MONEY O.P.NO.663/2018 BEFORE THE FAMILY COURT, ATTINGAL.

ANNEXURE III PHOTOCOPY OF M.C.NO.125/2018 ON THE FILE OF THE FAMILY COURT, ATTINGAL.

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