IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Tr.P(Crl.).No. 6 of 2008(S) --------------------------- MC.234/2007 of FAMILY COURT,THRISSUR .................... PETITIONER: ------------ 1. BINDU, D/O.JOSEPH, THALIYATH HOUSE, KEEZHMADU, ERUMATHALA, ALUVA-5. 2. SANDRA, AGED 1 1/2 YEARS, MINOR GIRL CHILD REP. BY HER MOTHER AND NATURAL GUARDIAN THE IST PETITIONER BINDU. BY ADV. SRI.N.NEELAKANDHAN NAMBOODIRI SMT.M.J.SHINSA MOLE SRI.P.S.NARAYANA RAJA RESPONDENTS: ------------- SHAJU ANTONY, KAACHAPPILLY HOUSE, NALUKKETTU P.O., KORATTY VILLAGE. BY ADV. DR.SEBASTIAN CHAMPAPPILLY FOR R1 THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Tr.P.Crl.No.6 of 2008 ---------------------------------------- Dated this the 11th day of July 2008 O R D E R The petitioner/wife had claimed maintenance before the Family Court, Thrissur against the respondent/her husband. The respondent/husband had earlier filed an application for divorce before the same court. The petitioner had attempted to get that petition for divorce transferred to the Family Court, Ernakulam. That petition was dismissed. The petitioner now wants the 125 Cr.P.C claim pending before the Family Court, Thrissur to be transferred to the Family Court, Ernakulam. That application is opposed. All preliminary steps are over. Now the matter has only got to be heard and disposed of. Husband has no contention that he is willing to maintain the wife on condition that she lives with him. The only question to be considered, it appears to me, is the quantum of maintenance which is liable to be paid. 2. I am satisfied that the ends of justice will be served ideally by directing the learned Judge of the Family Court, Thrissur to forthwith dispose of the maintenance claim without tacking it on with the petition for divorce. Parties shall appear Tr.P.Crl.No.6/08 2 before the learned Judge of the Family Court, Thrissur on 04/08/2008. The learned Judge shall make every endeavour to dispose of the case on that day itself. I make it clear that both parties have to be ready to adduce all evidence in support of their case in the M.C on that day. 3. With the above specific observations, this Tr.P.C is dismissed. Communicate order to the Family Court forthwith. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Tr.P.Crl.No.6/08 3 Tr.P.Crl.No.6/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008