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2020 Supreme(Online)(KER) 43497

HIGH COURT OF KERALA
BISMEENA – Appellant
Versus
MAVUMKUNNATH SHIHABUDHEEN – Respondent


Advocates:
['M MUHAMMED SHAFI', '', 'SMT T RASINI', 'SRI C M MOHAMMED IQUABAL']

O R D E R

In this transfer petition, the prayer is to transfer O.P. (G&W) No. 468 of 2019 on the files of the Family Court, Tirur to the Family Court, Kozhikode.

2. Heard.

3. The petitioner is the grandmother, with whom the minor children, aged 10 years and 5 years respectively are residing. The mother of the children died during the third pregnancy. The respondent is the father, who is working abroad. The respondent is represented by his power of attorney, who is the father of the respondent. Since the children are residing with the petitioner within the jurisdiction of the Family Court, Kozhikode, the O.P.(G&W) No.468 of 2019 ought to have been filed within the jurisdiction of the Family Court, Kozhikode, submitted by the learned Counsel for the petitioner. The learned Counsel for the respondent has submitted that the children were residing with the father and thereafter the children were taken by the petitioner, when the petitioner was having cordial relationship with the respondent. Thereafter, the children were not sent back to the respondent. The children are admittedly studying in a school within the jurisdiction of the Family Court, Kozhikode. Since the children are residing

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