IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Tr.P(Crl.).No. 35 of 2008() --------------------------- MC 583/06 OF FAMILY COURT, PALAKKAD PETITIONER: ------------ CHEKKATH REJI ALAXANDER AGED 51, S/O.THOMAS, ALEXANDER, RESIDING IN THE CHEKKATH HOUSE, NEAR VANIAMKULAM PANCHAYATH OFFICE VANIAMKULAM,OTTAPALAM TALUK, PALAKKAD DISTRICT REP. BY POWER OF ATTORNEY HOLDER SHAUKATH K.V., AGED 25,A/O. KASIM.K.V. KURUPPINTE VALAPPIL HOUSE BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. REENA ALAXANDER, AGED 42, W/O. REJI ALAXANDER, RESIDING AT MANAKKALATHU HOUSE, AMALA NAGAR VILLAGE, AMALA NAGAR POST OFFICE, THRISSUR TALUK, THRISSUR DISTRICT. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA R2 BY PUBLIC PROSOECUTOR SRI. K.S. SANTHOSH KUMAR THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Tr.P.(Crl.).No. 35 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2008 O R D E R Petitioner is the respondent in a claim under Section 125 Cr.P.C. Marriage appears to be admitted. The petitioner has a contention that the claimant, admittedly his wife, is living in adultery. The matter stands posted for trial before the Family Court, Palakkad now. 2. The petitioner has now come to this Court for a direction for transfer of the case to any other Family Court of competent jurisdiction. What is the reason? The short reason urged by the petitioner is that all evidence in support of the plea of adultery, which he would like to adduce, have already been adduced before the same court in another proceedings under the Indian Divorce Act and the learned Judge has not chosen to accept the petitioner's plea of adultery by his wife. The possibility of the learned Judge taking identical view even if such evidence is adduced in this case, is the plank on which transfer is sought in this petition. Tr.P.(Crl.).No. 35 of 2008 2 3. I am unable to agree that the matter deserves to be transferred. The mere circumstance that identical view may be taken, if identical evidence is adduced before the court concerned is, according to me, no reason in the facts and circumstances of this case to direct transfer of the case to any other Family Court. 4. This petition is accordingly dismissed. (R. BASANT) Judge tm