HIGH COURT OF KERALA
C. JAYACHANDRAN, J
AMINA BEEVI SHAHABUDDIN – Appellant
Versus
NISSAN KUNJU – Respondent
O R D E R
Petitioner herein is the petitioner/wife in O.P.(Div.) No.1034/2020 pending before the Family Court, Kottayam, at Ettumanoor. The petitioner seeks transfer of the said Original Petition to the Family Court, Thiruvalla, on the premise that the petitioner is working outside Kerala and that she has no relative to take care of the matter in the Family Court, Ettumanoor and that her relatives are residing within the limits of the Family Court, Thiruvalla, where the respondent is also residing.
2. This application was opposed by the learned counsel for the respondent/husband, pointing out that the marriage between the petitioner and respondent has been dissolved by resorting to the personal law applicable to them, to be specific by a ‘Khula’, evidenced by Annexure 1. It was also submitted that the matter was referred to mediation and the parties have settled the matter and an agreement has been drawn, embodying the terms, which is in accord with the ‘Khula’. However, the petitioner/ wife has not chosen to sign the same, though a period of more than six months had expired from the date of such settlement. According to the learned counsel for the respondent, the transfer of the ca
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