IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Tr.P(Crl.).No. 38 of 2010() ------------------------------------- CMP.54/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT,VAIKOM .................... PETITIONER(S): ------------------------ GIGI MATHEW, W/O.MATHEW, KANDARAPPALLIYILAYA KALARICKAL HOUSE, MEMURY, MANJOOR, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): ------------------------- K.MATHEW @ DAI, NOW RESIDING AT KANDERAVALLYIL HOUSE, KANJIRATHANAM, KURAVILANGAD, KOTTAYAM. R1 BY ADVS. SRI.K.GOPALAKRISHNA KURUP SRI.S.MANU. THIS TRANSFER PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss TPCR. NO.38/2010 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.HARISH CHANDRAN NAIR OF CARITHAS HOSPITAL, THELLAKOM. A2:- COPY OF THE ORDER DTD. 2.7.2010 IN CRL. MP. 300/2010 OF THE SESSIONS COURT, KOTTAYAM. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. ------------------------------------------------- Tr.P (Crl) No. 38 OF 2010 ------------------------------------------------- DATED THIS THE 4th DAY OF AUGUST, 2011 O R D E R Heard learned counsel for petitioner and learned Public Prosecutor. 2. Petitioner and respondent are wife and husband. Petitioner filed CMP No.54/2008 before the Judicial First Class Magistrate's Court, Vaikom under Section 12 of the Domestic Violence Act. Petitioner had claimed the reliefs under Section 18 (a), 19 (a), 19 (b) and 20 (3) of the Domestic Violence Act. Petitioner filed this Transfer Petition to transfer CMP No.54/2008 pending before the Judicial First Class Magistrate's Court, Vaikom to the Judicial First Class Magistrate's Court, Ettumanoor or any Judicial First Class Magistrate Court at Kottayam. 3. I am not inclined to transfer the case. Learned counsel for the petitioner states that petitioner is taking rest after surgery and she is unable to travel and appear before the trial Court on each day for trial. Considering the above facts, it is open to the petitioner to approach the trial court for dispensing with her personal appearance. If the petitioner makes an Tr.P (Crl) No.38/2010 -2- application on or before 05-09-2011 before the learned Magistrate the same shall be allowed on such terms and conditions the learned Magistrate deems fit. Transfer Petition is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge