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2023 Supreme(Online)(KER) 32984

HIGH COURT OF KERALA
C.S. DIAS, J
FATHIMA IQBAL – Appellant
Versus
RAHEEZ NIZAR – Respondent


Advocates:
BHARAT VIJAY P. SHAHNOY, SHAJI

O R D E R

The transfer petition is filed under Section 24 of the Code of Civil Procedure ,1908 (in short, 'C.P .C.') , seeking to transfer O.P .No.1290/2022 (Annexure-A1), from the Family Court, Attingal, to the Family Court, Kollam.

2. The petitioner’s case, in brief, in the memorandum of transfer petition is that, she is the wife of the respondent. They have a son born in the wedlock. The petitioner has filed O.P .No.1132/2021 before the Family Court, Kollam, seeking a decree for restitution of conjugal rights. The respondent has filed O.P .No.71/2022 before the same Court, against the petitioner, to declare him as the guardian of the child. It is during the pendency of the above two proceedings that the respondent has filed Annexure-A1 to declare that the talaq pronounced by him is valid and binding. Since the respondent is already contesting the two proceedings before the Family Court, Kollam, no inconvenience would be caused to the respondent in Annexure-A1 being transferred. Hence, the transfer petition.

3. Heard; Sri. Bharat Vijay, the learned counsel appearing for the petitioner. Even though notice has been served on the respondent, there is no appearance for him.

4. It is w

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