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2023 Supreme(Online)(Ker) 58503

IN THE HIGH COURT OF KERALA AT ERNAKULAM
NABEELA K.A – Appellant
Versus
K.B ASEREFALI – Respondent
Tr.P(C) 256/2023



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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 25th DAY OF MAY 2023 / 4TH JYAISHTA, 1945 TR.P(C) NO. 256 OF 2023 TO TRANSFER OP 49/2023 OF FAMILY COURT, ERNAKULAM TO THE FAMILY COURT, THALASSERY PETITIONERS/RESPONDENTS:

1 NABEELA K.A, AGED 30 YEARS, W/o MOHAMMED AJMAL, KARUPPAMVEETTIL HOUSE, EDAVANAKAD POST, ERNAKULAM, PIN- 682502 NOW RESIDING AT 'PRASHANTH' HOUSE, NALUTHARA POST, PALLOOR, MAHE, PUDUCHERI, PIN - 673310

2 MOHAMMED AJMAL, AGED 35 YEARS, S/o ABDUL AZEEZ. K, 'PRASHANTH' HOUSE, NALUTHARA POST, PALLOOR, MAHE, PUDUCHERRY,, PIN - 673310

3 SALMAN, AGED 27 YEARS, S/o NAZAR, WORKING AT ZERO INTERIORS DIVYA SAI ENCLAVE, ROAD NO.5, OPP LANE JUBILEE HILLS, HYDERABAD, TELANGANA, PIN - 599033 BY ADVS. M.P.PRIYESHKUMAR SHANAVAS NALAKATH RANDUPURAYIL RESPONDENTS/PETITIONERS:

1 K.B ASEREFALI, AGED 63 YEARS, S/o KADAPPURATH BAVA, KADAPPURATH HOUSE, CUSAT ROAD, ALFIYA NAGAR, SOUTH KALAMASSERY, THRIKKARA NORTH VILLAGE, COCHIN UNIVERSITY POST, PIN - 682022

2 SADATH ASEREF ALI, AGED 57 YEARS, W/o K.B ASEREFALI, KADAPPURATH HOUSE, CUSAT ROAD, ALFIYA NAGAR, SOUTH KALAMASSERY, THRIKKARA NORTH VILLAGE, COCHIN UNIVERSITY POST, PIN - 682022 BY ADV V.K.BALACHANDRAN THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ORDER

It is submitted by the learned counsel for the respondents that the petitioners came up before this court with a transfer petition during the pendency of arrest warrant issued by the Family Court, Ernakulam, since there is disobedience of direction issued by the court for production of the child. This would sufficiently tell upon what is behind it. No special reason was brought to the notice of this court in order to allow the transfer. On the other hand, she is not entitled to get any transfer of the case, since the respondents are the parents of her deceased husband and they are age old persons.

Tr.P(C) hence will stand dismissed.

Sd/-

P.SOMARAJAN JUDGE DMR/-

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APPENDIX OF TR.P(C) 256/2023 PETITIONERS' ANNEXURES Annexure A1 A TRUE COPY OF THE INTERIM APPLICATION FILED BY THE RESPONDENTS IN OP 49/2023 ON THE FILE OF THE FAMILY COURT ERNAKULAM Annexure A2 A TRUE COPY OF THE NOTICE RECEIVED BY THE 1ST RESPONDENT FROM THE FAMILY COURT ERNAKULAM IN OP 49/2023 Annexure A3 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE BABY MEMORIAL HOSPITAL, KOZHIKODE DATED 24.03.2023 // TRUE COPY //

P.A. TO JUDGE

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