IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Tr.P(Crl.).No. 61 of 2008() --------------------------------------- (M.C.NO.128/2008 OF FAMILY COURT, KOTTAYAM AT ETTUMANOOR TO FAMILY COURT, PATHANAMTHITTA AT THIRUVALLA) .............. PETITIONER: RESPONDENT: ------------------------------------------ RUBLE KURIAKOSE, AGED 33, S/O.KURIAKOSE, KUNNATH HOUSE, MALAKUNNAM P.O., ITHITHANAM KARA, KURICHI VILLAGE, CHANGANACHERY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.MANJU ANTONEY SRI.BIJU GOPAL RESPONDENTS: PETITIONER:STATE: -------------------------------------------------------- 1. JYOTHI THOMAS, AGED 31 YEARS, D/O.LATE THOMAS, PULLUKATTU HOUSE, KURISUMMOODU P.O., CHETHIPUZHA VILLAGE, CHANGANACHERY, KOTTAYAM DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl.)No. 61 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2008 O R D E R The petitioner is the respondent in a petition filed under Section 125 Cr.P.C. The case has been numbered. Counseling is over. Statements have been filed. The matter stands posted for evidence, it is submitted. There are other matters also pending before the same Court. 2. At this 11th hour the petitioner has come to this Court with a prayer that the case may be transferred from the Family Court, Kottayam at Ettumanoor to the Family Court, Pathanamthitta. The learned counsel submits that going by the distance the conduct of the case at the Family Court, Pathanamthitta, which is based at Thiruvalla will be more advantageous to both the claimant/wife as well as the petitioner/husband. Thiruvalla is nearer to the place of residence of both the parties. The seat of the Family Court, Kottayam is much farther from the residence of both the petitioner and the Tr.P.(Crl.)No. 61 of 2008 2 respondent. It is in these circumstances prayed that the transfer may be directed as prayed for. 3. Another ground mentioned is that the Family Court, Kottayam is having a gender bias in favour of women parties and that is also urged as a reason to justify the prayer for transfer. 4. Proximity might have weighed with this court if prompt applications were filed for transfer. Pleadings are over, conciliation is over and the matter stands posted for evidence. Both sides evidently have engaged counsel at Kottayam/Ettumanoor and to me it appears that it would not be in the interests of justice now to direct a transfer only on the ground of proximity of venue of trial. Regarding the latter ground of gender bias, there is no contention that the Judge has any personal bias against the petitioner or in favour of the claimant/wife. I am not satisfied that the prayer for transfer deserves to be allowed. 5. This transfer petition is hence dismissed. (R. BASANT) Judge tm