IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Tr.P(Crl.).No. 64 of 2011() ------------------------------------- CRMC.NO.41/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR. .................... PETITIONER(S): -------------------------- 1. SULFIYA, AGED 32 YEARS, D/O. ABDUL JABBAR, PARILAKATHOOTTU, BYE PASS JUNCTION, ALUVA, ERNAKULAM DISTRICT. 2. AADIL, AGED 8 YEARS, S/O. SULFIA, DO-DO- 3. ABRAR, AGED 4 YEARS, DO-DO- (PETITIONERS 2 AND 3 ARE REPRESENTED BY THEIR MOTHER AND GUARDIAN, THE PETITIONER HEREIN) BY ADVS. SRI.T.M.RAMAN KARTHA, SRI.ARUN BASIL. RESPONDENT(S): --------------------------- 1. P.H. ABDULLA, AGED 36 YEARS, S/O. HAMEED, PADINJAREVEETTIL HOUSE, CHALINGAD.P.O., KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK-680 684. 2. HAMEED, AGED 79 YEARS, DO-DO- 3. NABEEZA, AGED 65 YEARS, DO-DO- 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 TO R3 BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH. R4 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss TP(CRIMINAL)NO.64/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1. A TRUE COPY OF THE CERRTIFICATE ISSUED FROM THE AMRITA VISWA VIDYAPEEDAM ON 21.2.2011. ANNEXURE A2. A TRUE COPY OF THE SCHOOL DIARY (2011-12) OF THE PETITIONER'S ELDER SON ADIL. ANNEXURE A3. A TRUE COPY OF THE SCHOOL DIARY (2011-12) OF THE PETITIONER'S YOUNGER SON ABRAR. ANNEXURE A4. A TRUE COPY OF THE TREATMENT RECORD OF THE IST PETITIONER'S FATHER. ANNEXURE A5. A TRUE COPY OF THE TALAQ LETTER DATED 14.9.2010. ANNEXURE A6. TRUE COPIES OF THE PETITIONS FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR DATED 28.1.2011. ANNEXURE A7. COMMON ORDER IN TR.P.C NO. 176/2011 AND 234/2011 DATED 3.8.2011. RESPONDENTS' ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss N.K.BALAKRISHNAN, J. -------------------------------- Tr.P.(Crl). No.64 of 2011 ----------------------------------- Dated this the 30th day of November 2011 O R D E R Petitioners filed M.C.No.41/2011 before J.F.C.M., Kodungallur under the provisions of the Protection of Women from Domestic Violence Act, 2005 against the first petitioner's husband, father and mother. The father and mother mentioned above are aged 79 and 65 years respectively. Learned counsel for the petitioners submits that first petitioner is now studying in Amrita School of Medicine, Kochi and for that purpose she is now staying in Aluva and so it causes much difficulty for her to appear before J.F.C.M., Kodungallur. Hence, the request is to transfer the said case from J.F.C.M., Kodungallur to J.F.C.M., Aluva. 2. This petition is resisted by the learned counsel appearing for the respondents. Learned counsel submits Tr.P.(Crl). No.64 of 2011 -: 2 :- that petition (MC) was filed by the first petitioner herself before J.F.C.M., Kodungallur and now, only to cause hardship to the respondents the request is made by her to transfer the case to Aluva. It is further submitted that respondents 2 and 3 are very aged persons and so it would be too harsh to ask them to appear before J.F.C.M., Aluva also. However, considering the fact that first petitioner and her two minor children are at present staying at Aluva, I find that it is just and proper that M.C.No.41/2011 pending on the file of J.F.C.M., Kodungallur is transferred to J.F.C.M.-I, Aluva. But the learned Magistrate will allow respondents 2 and 3, the aged persons to be represented by their counsel. This transfer petition is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt