IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 Tr.P(Crl.).No. 48 of 2010() --------------------------- AGAINST THE ORDER IN CMP 163/2010 IN MC.34/2005 of FAMILY COURT,KOLLAM .................... PETITIONER(S): RESPONDENTS -------------------------- C.D.PHILIPHOSE, ALEENA DREAMLAND, NEAR PERUMPARA JUNCTION, CHERTHALA. BY ADV. SRI.JOBY CYRIAC RESPONDENT(S): PETITIONERS -------------------------- 1. AGNES, ADEAYILATHOPPU, NEENDAKARA.P.O., NEENDAKARA VILLAGE, KOLLAM-691582. 2. ALEENA (MINOR), AGED 14 YEARS, RESIDING AT -DO-DO 3. ALEESHA (MINOR), RESIDING AT -DO-DO- 4. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J * * * * * * * * * * * * * Tr.P.(Crl).No.48 of 2010 ---------------------------------------- Dated this the 19th day of January 2011 O R D E R Petitioner is respondent in M.C.No.34/2005 of Family Court, Kollam requesting transfer of the proceeding to Family Court, Alappuzha. Though respondents are served, there is no appearance for them. 2. Ground for transfer is that petitioner is suffering from severe blindness and hearing loss. Learned counsel states that petitioner is not able to travel up to Kollam and contest the proceeding. Annexures 1 and 2 medical certificates are pressed into service. 3. It is true that respondents have not appeared in this Court. Physical disability of petitioner is stated in Annexures A1 and A2. But it is seen that respondents are residents of Neendakara. If the case is transferred to Alappuzha, respondents 1 to 3 have to travel all the distance from their place of residence to Alappuzha. In the circumstances, I am not inclined to allow this petition. But I make it clear that it will be Tr.P.(Crl) No.48 of 2010 2 open to the petitioner to contest proceeding in the Family Court, Kollam through counsel. Petitioner can appear through counsel in that court except when his physical presence is required. 4. With the above direction, this petition is closed. (THOMAS P.JOSEPH, JUDGE) jsr // True Copy// PA to Judge Tr.P.(Crl) No.48 of 2010 3 Tr.P.(Crl) No.48 of 2010 4 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011