IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 Tr.P(C).No. 54 of 2011 OP.78/2010 of FAMILY COURT, NEDUMANGAD PETITIONER HABUSHIA BEEVI, W/O.ABDUL BASHEER, AGED 62 YEARS, RTD. POST MISTRESS, MELEVILA VEEDU, HB MANZIL, ROAD VILA, CHERIYA VELINELLOOR P.O., KOTTARAKKARA, KOLLAM DISTRICT-691516. BY ADV. SRI.V.JAYAPRADEEP SMT.SADHANA KUMARI ESWARI SMT.V.V.RISANI SRI.SANEESH KUNJUKUNJU RESPONDENT: SABEENA BEEVI, AGED 34 YEARS, D/O.ABDUL SALAM, SABEENA NIVAS, AALIYIRAKKAM, CHILAKKOOR, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN-695141. ADDL.R2 TO R4 IMPLEADED: 2. MUHAMMED SAJI, AGED 40 YEARS, S/O.ABDUL BASHEER, MELEVILA VEEDU, H4 MANZIL, ROAD VILA, CHERIYA VELINELLOOR P.O. KOTTARAKKARA, KOLLAM DISTRICT - 691 516. ADDL. 3. ABDUL BASHEER, S/O.IBRAHIM, AGED 65 YEARS, -DO- -DO- ADDL. 4. SIAD, S/O.ABDUL BASHEER, AGED 37 YEARS, HB MANZIL, ROAD VILA, CHERIYA VELINELLOOR P.O., KOTTARAKKARA, KOLLAM DISTRICT - 691 516. ADDL.R2 TO R4 IMPLEADED AS PER ORDER DATED 26.4.2011 IN I.A.NO.908 OF 2011. ADV. SRI.LEGY ABRAHAM FOR ADDL.R3 SRI.LEGY ABRAHAM FOR ADDL.R2 & 4 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C). NO. 54 OF 2011 ------------------------------------------------------ Dated this the 8th day of June, 2011 JUDGMENT The prayer in this Transfer Petition is to transfer O.P.No.78 of 2011 from the Family Court, Nedumangad to the Family Court, Kottarakkara, where O.P.No.1146 of 2010 is pending. 2. O.P.No.1146 of 2010 was filed by Muhammad Saji, son of the petitioner before the Family Court, Kottarakkara against the first respondent for a declaration of half rights of Saji in the petition schedule property. It is stated that O.P.No.1146 of 2010 was filed on 28.12.2010. After the filing of O.P.No.1146 of 2010, the first respondent filed O.P.No.78 of 2011 on the file of the Family Court, Nedumangad against Muhammad Saji, the husband of the petitioner, the petitioner and another son of the petitioner. That suit was filed by the first respondent for several reliefs including a relief of injunction in respect of the property involved in O.P.No.1146 of 2010. 3. It is stated that the petitioner is aged 62 years. She resides Tr.P.(C) NO.54 OF 2011 :: 2 :: within the jurisdiction of the Family Court, Kottarakkara. It is also submitted that the property which is involved in both the cases is situated within the jurisdiction of the Family Court, Kottarakkara. The first respondent is residing at Varkala. It is submitted that even if the case is transferred from the Family Court, Nedumangad to the Family Court, Kottarakkara, the first respondent would not be much prejudiced. 4. The first respondent is a party to both the aforesaid cases. At any rate, the first respondent has to appear before the Family Court, Kottarakkara in O.P.No.1146 of 2010. In both the cases, the item of immovable property involved in the same. Taking into account the age and other circumstances of the petitioner, I think it would be only proper to transfer O.P.No.78 of 2011 pending before the Family Court, Nedumangad, to the Family Court, Kottarakkara. Accordingly, the Transfer Petition is allowed. O.P.No.78 of 2011 is transferred from the Family Court, Nedumangad to the Family Court, Kottarakkara. The Family Court, Nedumangad shall transmit the records to the Family Court, Kottarakkara. Tr.P.(C) NO.54 OF 2011 :: 3 :: The parties shall appear before the Family Court, Kottarakkara on 4.7.2011. (K.T.SANKARAN) Judge ahz/