IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Tr.P(Crl.).No. 66 of 2011() --------------------------- CMP.8353/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT, THALIPARAMBA, KANNUR. .......................................... PETITIONER(S): ------------------------- 1. P.K.SUJATHA, W/O.RAJAN, AGED 63 YEARS, THEMALATHU PUTTEN VEEDU, ERUMBANANGAD (PO),EZHUKON, KOLLAM DISTRICT. 2. RAJESH, S/O.RAJAN, THEMALATHU PUTTEN VEEDU, ERUMBANANGAD (PO), EZHUKON, KOLLAM DISTRICT. 3. RAJAN, S/O. KRISHNAN, THEMALATHU PUTTEN VEEDU, ERUMBANANGAD (PO), EZHUKON, KOLLAM DISTRICT. BY ADVS. SRI.JIJI THOMAS PAMBACKAL, SMT.SMITHA MATHEW. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 035. 2. DIVYA, W/O.RAJESH, AGED ABOUT 23 YEARS, ALORA HOUSE, KAITHAPURAM (PO), VAYAKKARA, SREEKANDAPURAM, KANNUR DISTRICT - 670 706. R1 BY PUBLIC PROSECUTOR SRI. B.JAYASURYA THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss Tr.P.(CRL.)NO.66/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF CMP 8353/2010 OF JFMC, THALIPARAMBA. ANNEX.B: COPY OF THE COMPLAINT DTD. 17/01/2008 FROM THE 2ND RESPONDENT. ANNEX.C: COPY OF THE DISABILITY CERTIFICATE OF THE 2ND PETITIONER. ANNEX.D: COPY OF THE MENTAL DISABILITY CERTIFICATE OF THE 3RD PETITIONER. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss N.K.BALAKRISHNAN, J. -------------------------------- Tr.P.(Crl). No.66 of 2011 ---------------------------------- Dated this the 28th day of September 2011 O R D E R Petitioners are the accused in CMP 8353/2010 on the file of J.F.C.M.-I, Thaliparamba. That complaint was filed by the 2nd respondent under Sec.12 of Protection of Women from Domestic Violence Act, 2005, claiming maintenance, for return of gold ornaments and for so many other reliefs. This petition is filed by the respondents in that petition to transfer the aforesaid case from J.F.C.M.-I, Thaliparamba to J.F.C.M.-I, Kottarakkara at Kollam District, where these petitioners/accused persons are residing. 2. The main ground urged by the learned counsel for the petitioners is that, 2nd petitioner is having 45% physical disability and the 3rd petitioner is having 40% permanent mental disability and so it causes much difficulty for them to appear before J.F.C.M.-I, Thaliparamba on the dates when the case stands posted. If the case is transferred to Kottarakkara, the complainant woman, who approached the court for reliefs Tr.P.(Crl). No.66 of 2011 -: 2 :- mentioned earlier would also be put to undue hardship. Therefore, it is not practicable to transfer the case to Kottarakkara or to other courts. The other remedy available to the petitioners 2 and 3 is to apply to the learned Magistrate for getting exemption from personal appearance under Sec.205 Cr.P.C. It is submitted by the learned counsel that documents showing the physical/mental disability have already been produced before the learned Magistrate. When petitioners file an application under Sec.205 Cr.P.C., the learned Magistrate will consider the same in the light of what has been stated above after hearing the other side. There may not be any necessity to insist the physical presence of the respondents in CMP 8353/2010 on all posting dates. However, the learned Magistrate will pass appropriate orders in the light of what has been stated above. This Transfer Petition is disposed of as stated above. N.K.BALAKRISHNAN, J UDGE. Jvt