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Kerala High Court

A.S.Nasar vs Jissa on 15 July, 2008

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                      PRESENT:

                         THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

               MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937

                                           Tr.P(Crl.).No. 55 of 2014 ()
                                               -----------------------------
                 SEEKING TO TRANSFER MC NO. 163/2014 OF FAMILY COURT,
                             NEDUMANGAD TO FAMILY COURT, ATTINGAL
                                                    ------------------

PETITIONER/RESPONDENT :
-------------------------------------------

            A.S.NASAR, AGED 41 YEARS
            S/O.ABDUL SATHAR, KODAVILAKOM, KUNNINPURATHU VEEDU
            NEERAMANKADAVU, KURINCHILAKODE, KALLARA P.O.
            VAMANAPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.

            BY ADV. SRI.J.JAYAKUMAR

RESPONDENTS/PETITIONERS :
-----------------------------------------------

        1. JISSA, AGED 30 YEARS
            D/O.KAMEEL BEEVI, ANASKHAN MANZIL
            KEEZHATTINGAL VILLAGE, KADACKAVOOR
            CHIRAYINKEEZHU TALUK,
            THIRUVANANTHAPURAM DISTRICT
            PIN - 695 306.

        2. MUHAMMED THABU (MINOR), AGED 11 YEARS
            REPRESENTED BY HIS NATURAL GUARDIAN AND MOTHER JISSA
            AGED 30 YEARS, D/O.KAMEEL BEEVI, ANASKHAN MANZIL
            KEEZHATTINGAL VILLAGE, KADACKAVOOR,
            CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT
            PIN - 695 306.

            R1 BY ADV. SRI.THIRUMALA P.K. MANI

            THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD
             ON 12-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


Mn


                                                                                ...2/-

Tr.P(Crl.).No. 55 of 2014 ()




                                      APPENDIX


PETITIONERS' ANNEXURES :


ANNEXURE A1           : COPY OF THE JUDGMENT DATED 15/7/2008 IN OP
                        NO. 1008/2006 OF FAMILY COURT, NEDUMANGAD.


ANNEXURE A2             COPY OF M.C NO. 302/2012 FILED BY THE 1ST RESPONDENT
                        BEFORE FAMILY COURT, NEDUMANGAD.


ANNEXURE A3             COPY OF M.C. NO. 163/2014 FILED BY THE 1ST RESPONDENT
                        BEFORE THE FAMILY COURT, NEDUMANGAD.




RESPONDENT'S ANNEXURES : NIL




                                                                   //TRUE COPY//




                                                                   P.A. TO JUDGE
Mn



                        B. KEMAL PASHA, J.

         `````````````````````````````````````````````````````````````
                  Tr.P.(Crl.) No.55 of 2014 A
         `````````````````````````````````````````````````````````````
             Dated this the 12th day of October, 2015

                                O R D E R

~ ~ ~ ~ ~ ~ Petitioner seeks for the transfer of MC.163/2014 of the Family Court, Nedumangad to the Family Court, Attingal. According to the petitioner, earlier, proceedings were there before the Family Court, Attingal and the same was dismissed. Over and above it, the respondents are residing within the jurisdiction of the Family Court, Attingal.

2. It has come out that the petitioner is still residing within the jurisdiction of the Family Court, Nedumangad. There is no reason to have a transfer as alleged. The respondents also do not want to have a transfer as prayed for. According to the learned counsel for the respondents, the evidence is about to commence in the matter before the Tr.P.Crl.55/2014 : 2 : Family Court, Nedumangad and in case of transfer, the matter would be delayed further. On going through the matter and on hearing either side, this Court is of the view that it is not just and convenient in the interest of justice to transfer the case as prayed for.

In the result, this Tr.P.(Crl.) is dismissed.

Sd/-

(B.KEMAL PASHA, JUDGE) aks/12/10 // True Copy // PA to Judge