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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. Ravi, J
MARIYAM SANA SAHIR – Appellant
Versus
MOHAMMED ARSHAD – Respondent
| Table of Content |
|---|
| 1. wife seeks transfer of custody case to her place of residence (Para 1) |
| 2. respondent claims ordinary residence remains with him and ordinary residence cannot be altered by unilateral removal (Para 2 , 3) |
| 3. children of tender age attending school at new residence (Para 4) |
| 4. ordinary residence interpreted from residence at time of filing (Para 5) |
| 5. transfer allowed on grounds of convenience (Para 6) |
ORDER
The transfer petition has been filed by the wife of the respondent seeking transfer of G.O.P.No.1717 of 2025 pending before the Family Court, Ernakulam to the Family Court, Tirur. G.O.P. No.1717 of 2025 has been filed by the respondent seeking permanent custody of minor children. The petitioner and the respondent were married on 20.02.2020. On 27.12.2020, the petitioner gave birth to two children. The petitioner and children were residing in Kalamassery. According to the petitioner, due to harassment by the respondent including physical assault, the petitioner started living separately from 26.06.2025 onwards. It is stated that on 28.06.2025, the petitioner went over to the residence of the respondent with Police protection and took the children with her and she is
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