IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Tr.P(Crl.).No. 68 of 2009(F) --------------------------- MC.141/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER: ------------------- LEEBA GEORGE, AGED 25 YEARS, D/O.SRI.P.V.GEORGE, RESIDING AT 3F, SKYLINE OXFORD, KALATHIPADY, KOTTAYAM, KOTTAYAM DISTRICT. BY ADV. SRI.K.K.JOHN RESPONDENTS: ---------------------- 1. LIJU VARGHESE, AGED ABOUT 31 YEARS, S/O.SRI.T.V.KURIAN, WORKING AS GROUP MANAGER, CORPORATE SERVICING, NAUKRI.COM INFOR EDGE (INDIA) LTD., B-77, SECTOR 5, NOIDA-201301, RESIDING AT E.11/72,2ND FLOOR, HAUZ, RANI, NALVIA NAGAR, NEW DELHI. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADVOCATE SRI.D.KISHORE R2 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. =================== T.P.(Cr.) No. 68 of 2009-F =================== Dated this the 1st day of July, 2009. O R D E R Petitioner is the wife and first respondent the husband. This petition is filed under Section 482 of Code of Criminal Procedure to transfer M.C.No.141/2008 on the file of Family Court, Alappuzha to Family Court, Kottayam, contending that petitioner is residing at Kottayam and it is difficult for her to travel to Alappuzha and contest the case with a 12 month old child and therefore the case is to be transferred. 2. First respondent stoutly opposed the prayer contending that there is no valid reason for transfer. 3. First respondent is admittedly working in New Delhi. Therefore whether the case is tried at Kottayam or Alappuzha, it will not make much difference for him. In such circumstances, when petitioner is claiming maintenance and is a resident of Kalathipady of Kottayam, it TP(Cr) No.68/2009-F -2- is in the interest of justice, to transfer M.C.No.141/2008 pending before Family Court, Alappuzha to Family Court, Kottayam. 4. Petition is allowed. M.C.No.141/2008 on the file of Family Court, Alappuzha is withdrawn and transferred to Family Court, Kottayam for trial and disposal in accordance with law. M.SASIDHARAN NAMBIAR JUDGE dkr