IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Tr.P(Crl.).No. 44 of 2008() --------------------------- MC.368/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER: CR.PETITIONER ------------------------- BIJU, S/O.SANTHAMMA, BIJU VILASOM, VAZHAVARA P.O., KATTAPPANA. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENTS: RESPONDENTS ------------------------ SANTHAMMA, C/O.KAMALAMMA, KALARICKAL VEEDU, CHERUKARA P.O., PERINTHALMANNA. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Tr.P.(Cri) No. 44 of 2008 ------------------------------------------------- Dated this the 8th day of July, 2008 ORDER The petitioner faces proceedings under Sec.127 of the Cr.P.C. His mother is the claimant. She had earlier approached the Family Court, Manjeri, and the said court had directed payment of maintenance under Sec.125 Cr.P.C. She has now claimed enhancement of the maintenance on various grounds. 2. The petitioner has come to this Court with this petition with a prayer that the case may be transferred from the Family Court Manjeri at Malappuram to the Family Court at Thodupuzha. 3. What is the ground? The learned counsel for the petitioner submits that the mother had filed a civil suit before the court at Kattappana and therefore a transfer of the case would serve the ends of justice. He further submits that the Tr.P.(Cri) No. 44 of 2008 -: 2 :- claimant had approached the Taluk Legal Services Committee with a pre-litigation claim. That proceeding was also initiated before the Taluk Legal Services Committee, Udumbanchola at Kattappana. It is, in these circumstances, that the prayer is made that the case may be transferred to the Family Court, Thodupuzha, and may be directed to be called at the camp at Kattappana. 4. I have considered the submissions carefully. The claimant – the mother of the petitioner, is an old woman. The claim under Sec.125 Cr.P.C. was staked before the Family Court at Malappuram. That claim was decided by that court. The claimant – a woman in her early 60s, is admittedly residing within the jurisdiction of the court at Manjeri. 5. In any view of the matter, I am not persuaded to agree that there is any justice in the claim to direct transfer of the case to the Family Court, Thodupuzha. I am satisfied that it is not necessary to order notice to the 1st respondent and compel her to come to this Court to resist this prayer for transfer. The mere fact that the claimant – mother residing at Manjeri was obliged to file a civil suit relating to a property at Kattappana is no reason to compel her to fight the claim for enhancement at Kattappana. I have been taken through the averments in Tr.P.(Cri) No. 44 of 2008 -: 3 :- Annexure-3 and that reveals the the plight of the claimant, who was residing hitherto along with her sister at Malappuram and is now obliged to shift her residence to a tent in an adjacent property consequent to the shifting of the residence by her sister and her brother-in-law as a result of an accident and the disabilities suffered by her brother-in-law. I am satisfied that it is not necessary to order notice to the 1st respondent. 6. This petition deserves to be rejected in limine. I need only direct the learned Judge of the Family Court at Malappuram to dispose of the case – M.C.No.368/08 as expeditiously as possible. 7. Communicate a copy of this order to the learned Judge of the Family Court, Malappuram. (R. BASANT, JUDGE) Nan/