IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 Tr.P(Crl.).No. 19 of 2010() --------------------------- MC.64/2010 of J.M.F.C.-II,TRIVANDRUM .................... PETITIONER(S): COUNTER PETITIONERS ---------------------------------- 1. SASIKUMAR, S/O.M.K.K.NAIR, RESIDING AT EAST PULIKODU KALAM, PUTHUKODE P.O., CHOOLIPADAM, PALAKKAD DISTRICT, KERALA. 2. M.KRISHNANKUTTY NAIR, RESIDING AT EAST PULIKODU KALAM, PUTHUKODE P.O., CHOOLIPADAM, PALAKKAD DISTRICT, KERALA. 3. KUNJUKUTTY AMMA, W/O.M.K.K.NAIR, RESIDING AT EAST PULIKODU KALAM, PUTHUKODE P.O., CHOOLIPADAM, PALAKKAD DISTRICT, KERALA. 4. JAGADEESHWARI, D/O.M.K.K.NAIR, RESIDING AT EAST PULIKODU KALAM, PUTHUKODE P.O., CHOOLIPADAM, PALAKKAD DISTRICT, KERALA. 5. RADHAKRISHNAN, S/O.M.K.K.NAIR, RESIDING AT EAST PULIKODU KALAM, PUTHUKODE P.O., CHOOLIPADAM, PALAKKAD DISTRICT, KERALA. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): PETITIONERS -------------------------- 1. RAJALEKSHMI AMMA, D/O.KOMALAMMA, RESIDING AT T.C.49/360(4), PARTHIUPPA, PRA-161, KAMALESWARAM, MANACAUD, PRESENTLY WORKING AT COIMBATORE, TAMIL NADU. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.S.HRITHIK THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Tr.P(Crl.) No. 19 of 2010 -------------------------------------- Dated this the 24th day of June, 2010 ORDER The petitioners, who are the Counter Petitioners in M.C.No.64/10 on the file of the J.F.C.M Court-II, Thiruvananthapuram, seek a transfer of the said proceedings to any Magistrate Court in Palakkad, where the petitioners are residing. According to the petitioners, the 1st respondent, who moved the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005, is temporarily residing at Coimbatore and therefore she should have file a petition either at Palakkad where the counter petitioners are residing or at Coimbatore where she is residing and she has filed the petition at Thiruvananthapuram only to harass the petitioners. 2. Admittedly, the 1st respondent hails from Thiruvananthapuram and she is a permanent resident of Thiruvananthapuram. Under Section 27(1) (a) of the said Tr.P(Crl.) No. 19 of 2010 : 2 : Act, the J.F.C.M within whose local limits the applicant permanently or temporarily resides has jurisdiction to entertain the application under Section 12 of the Act. Annexure-I is a true copy of the petition filed by the 1st respondent, who has stated in unmistakable terms that she is a permanent resident of Thiruvananthapuram. If so, the application was justifiably filed before the J.F.C.M Court-II, Thiruvananthapuram. I see no ground to transfer the case from the Thiruvananthapuram Court to any Court in Palakkad. This Criminal.M.C is dismissed. V.RAMKUMAR, JUDGE dmb